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On Tuesday, India’s Supreme Court is expected to deliver a verdict on whether to grant legal recognition to same-sex marriages.
The historic case comes five years after the top court ruled in favor of eradicating a colonial-era law that effectively banned gay sex. Taiwan and Nepal are currently the only countries in Asia that allow same-sex unions.
While Indian society is still largely dominated by traditional values, LGBTQ rights are slowly gaining more acceptance in India.
What would legal recognition change?
A five-judge bench of the Supreme Court, headed by India’s Chief Justice DY Chandrachud heard arguments on the case over the course of several days in April and May.
If the court legalizes same-sex marriage, it could lead to significant socio-cultural changes, and adaptations to family laws.
However, the Indian government has opposed the move, arguing that the parliament should debate the matter before. It believes the appeal represents “urban elitist views.”
It has also previously said that such marriages are not “comparable with the Indian family unit concept of a husband, a wife and children.”
People from India’s LGBTQ+ community say they continue to face discrimination in their daily lives despite the 2018 ruling. They argue that legal backing for gay marriage would safeguard constitutional rights for the community.
The Special Marriage Act (SMA) is a law that was passed originally to legalize interfaith unions. Now, LGBTQ couples are arguing their marriages should be recognized under the SMA.
Along with not recognizing same-sex marriages, Indian law does not provide for civil unions. Gay and lesbian couples are also not allowed to have children born with the help of an Indian surrogate mother.
An LGBTQ person can apply to Central Adoption Review Authority for adoption only as a single parent.
LGBTQ couples have still been participating in commitment ceremonies, which are not legally binding but express a couple’s lifelong commitment to one another. Couples often have big destination weddings and carry out traditional Indian wedding rituals.
tg/wmr (AFP, Reuters)
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