In a landmark decision today, the Supreme Court of India pronounced its verdict on the issue of legal recognition of marriage equality, ending months of anticipation and debate. The petitioners, representing the LGBTQ+ community, fervently argued that same-sex couples should be granted the same rights as heterosexual couples in various aspects of life, including finance, insurance, medical decisions, inheritance, succession, adoption, and surrogacy.
However, the Supreme Court, in a unanimous decision headed by Chief Justice DY Chandrachud, ruled against legalizing same-sex marriage in India. The bench, which included Justices Sanjay Kishan Kaul, Ravindra Bhat, Hima Kohli, and PS Narasimha, also delivered a 3:2 verdict against civil unions for non-heterosexual couples. Chief Justice Chandrachud, along with Justice Kaul, advocated for civil unions for non-heterosexual couples, leaving the matter for the Parliament to decide.
Justice Kaul, in his opinion, highlighted that legal recognition of civil unions for non-heterosexual couples represents a step towards achieving marriage equality. However, the majority view held that there is no fundamental right to marry, leading to the conclusion that the legislature or Parliament must determine the fate of same-sex marriage in India.
Here is what young queer people said about the impact of this hearing on their lives –
I feel marriage should be abolished in a society because the core of marriage is very patriarchal in nature. But, for now as queer individuals I know that a lot of rights depend upon marriage equality right. I was certain about the result, it wasn’t very surprising. I have seen how many years it took for us to get decriminalized constitutionally. Marriage equality right is important for individuals who want to spend their life together, want to share the financial spectrum officially namely joint bank accounts, loans or just registering your partner in insurance. The state is regulating who can function in which manner and the fight is against oppression. So, it is not going to impact my life any other way, the adverse impact is ongoing and I am habitual to dealing with it. But, this one hearing has brought us hope to look forward to more such fights. The marriage equality right hearing has enhanced our visibility and this little thing is also something I feel was important to be outlined. – Shailey, they/them, part of the 2023 Writers Training Program in collaboration with Yes We Exist
As we march forward, our journey is twofold: legal recognition and societal acceptance. Each step, each conversation, is a bridge toward a more compassionate India. Let this ruling be a reminder of our collective responsibility to embrace intersectionality and fight for a society that values every individual.
The recent verdict by the Supreme Court, while disheartening, has only amplified the LGBTQ+ community’s resilience. As a queer woman, the ruling against same-sex marriage and civil unions stings deeply. This setback underscores the importance of our continued struggle. We, as a diverse community, must educate, advocate, and persist. We need allies, not just within the LGBTQ+ circle but also among our heterosexual peers, to drive the change we seek. The fight for love, acceptance, and equality is not merely a legal battle but a societal one. Together, we shall persevere until every individual, regardless of sexual orientation, experiences the warmth of acceptance and the right to love freely. – Eli*, they/them
The inherent injustice of having to fight for fundamental human rights, such as the right to choose one’s life partner, was acutely felt. The exhaustion stemming from the prolonged battle for acceptance and equal rights added to the frustration.
Sitting in front of the screen, I remember watching the first hearing of marriage equality petitions. There was hope in my heart as I diligently followed everything that was argued for and against the issue. It feels unjustified and undignified to ask for our human right of choice. It is tiring and frustrating as well, to see how long the road is. This decision was definitely a setback but this is not the end. This judgement will not define our rights and our lives. I know I’m not alone and that is the only thing that gives me hope, hope that it will soon be better. We have always been there and no one can deny our rights. We will keep fighting. – Ezra, he/him or they/them, part of the 2023 Writers Training Program in collaboration with Yes We Exist
It is evident that education and awareness are paramount. The need for nuanced dialogue cannot be overstated. Conversations that dispel myths and foster understanding must be initiated. It’s a collective effort, where the LGBTQ+ community and their allies join hands to dismantle prejudices. Let this ruling serve as a catalyst for comprehensive education, encouraging us to continue the fight for a more compassionate India.
I am not disappointed by the Supreme Court’s refusal to grant legal recognition to same sex marriages in the country. Neither am I surprised. Because if we are being entirely honest here, it could never have been this easy to secure any fundamental right for the queer community. When have we ever found existing to be easy as non cis-het individuals tarnishing the perfect heteronormative narrative of this society? The only impact I wish to allow this judgement to have on my life is for it to fuel my desire to take a stand against this discrimination and oppression. The judgement is only another indication that we have our work cut out for us. We won’t stop being who we are or stop fighting for the rights we deserve to have not just as queer people but as equally deserving citizens of this country. And the denial of recognition of same-sex marriages should only motivate us to fight harder. – Swastika, she/her or they/them, part of the 2023 Writers Training Program in collaboration with Yes We Exist
Beyond courtrooms, our battle is about changing deep-seated attitudes. It necessitates a widespread educational effort that permeates every aspect of society. By fostering understanding, tolerance, and acceptance, we can challenge the status quo. LGBTQ+ individuals and their allies, standing shoulder to shoulder, have the power to reshape the narrative, creating a more inclusive and compassionate future.
I expected this judgement before the trials itself. When I heard the judgement yesterday I felt like we the queer people are humans, we have all the rights to live here but we will not be allowed to live. Just as in historical NALSA judgement the Hon: Supreme court ordered the Union government to draft a legislation for transgender rights and we all know what happened next! As a Transgender non binary person who lives with ‘Transgender’ as the legal identity my right to marriage, adoption and civil union also denied but the irony that we have an Act for protection of transgender people in this country. – Dr Anuradha, they/them, part of the 2023 Writers Training Program in collaboration with Yes We Exist
The ruling underscores the significance of allies within and outside the LGBTQ+ community. Allies, especially among heterosexual peers, play a pivotal role in driving change. Their vocal support can break down barriers and challenge societal norms. The fight for love, acceptance, and equality is not confined to legal battles; it’s a societal struggle that demands collective effort.
The Supreme Court’s ruling against legalizing same-sex marriage is a bitter disappointment for the LGBTQ+ community in India, including me. It feels like a missed opportunity for our country to stand on the right side of history. However, the fact that Chief Justice Chandrachud and Justice Kaul advocated for civil unions shows there’s a glimmer of hope. It’s disheartening that our fight for equal rights continues, but this setback only strengthens our resolve. We will keep advocating for our love, our rights, and our rightful place in society. – Jay*, they/them
Marriage equality secures critical legal rights and benefits for queer couples. These encompass vital aspects such as inheritance, medical decision-making, and healthcare coverage. It signifies the acknowledgment and validation of queer relationships on the same terms as heterosexual relationships. This recognition not only empowers individuals but also promotes a more compassionate and understanding society, built upon the foundation of equal rights and mutual respect.
Marriage equality has practical implications that impact our lives in concrete ways. It grants access to critical legal rights and benefits, such as inheritance, medical decision-making, and healthcare coverage, that can profoundly affect the well-being and security of queer couples and their families. Marriage equality is not just about marriage; it’s about justice, love, and equality. Marriage equality also challenges the traditional norms for family units. It will help us to reevaluate and broaden our understanding of what constitutes a family. With recognition of queer marriages we will also be able to question traditional gender roles within the family. As a queer individual, my hopes for marriage equality are to challenge the assumptions that one partner must fulfill specific gender-based responsibilities within the marriage and family structure, opening the door to more equitable and flexible divisions of labor and responsibilities. – Dee*, she/her or they/them
The five-judge Constitution bench, led by Chief Justice DY Chandrachud and comprising Justices SK Kaul, SR Bhat, Hima Kohli, and PS Narasimha, heard the pleas over ten days in April and May. During the hearings, the petitioners emphasized that India, as a marriage-based culture, should extend equal rights to all its citizens, irrespective of their sexual orientation. The focus of the petitions was a gender-neutral interpretation of the Special Marriage Act (SMA), a secular legislation aimed at facilitating inter-caste and inter-faith marriages. The petitioners sought a broader interpretation of the SMA to include same-sex marriages, reflecting the evolving societal norms and attitudes towards LGBTQ+ rights.
The Supreme Court’s decision followed extensive arguments on a range of issues, including the right to equality, right to privacy, legal privileges associated with marriage, and the potential impact of same-sex marriages on children. Opposition to the petitioners’ plea came from various quarters, including the Central government, the National Commission for Protection of Child Rights (NCPCR), and the Jamiat-Ulama-i-Hind, a body of Islamic scholars.
Here is what other Youth Ki Awaaz members had to say about the hearing:
1. Why Has Same Sex Marriage Always Been A Controversial Topic In India?
Sahil wrote about the urgent need for legalizing marriage equality in India. Legalizing same-sex marriage is not just a matter of equality but also a means to promote social acceptance and reduce discrimination against the LGBTQ+ community.
2. The Appeal For Same-Sex Marriage: A Response To Unsettled Debates
Through the stories of couples like Aditi and Susan, Hana sheds light on the discrimination and legal injustices experienced by the LGBTQ+ community in their pursuit of equal rights.
3. What Lies Beyond The Legal Fight For Same-Sex Marriage
Anthony discusses the challenges faced by gay men in Indian society, where societal pressure often forces them into heterosexual marriages, leading to pain, trauma, and dishonesty.
4. An Open Letter In Support Of Marriage Equality By The Drag Artists Of India
A collective of drag artists from India, representing diverse gender and sexual identities within the LGBTQIA+ spectrum, addresses the ongoing Supreme Court hearings on marriage equality.