The Supreme Court in India this week will hear arguments on why the country’s marriage laws should be changed to allow same-sex couples the right to wed.
The move for allowing marriage equality comes just four years after the landmark legal decision to decriminalise homosexuality.
The country’s Supreme Court legalised gay sex in September 2018, removing the British colonial era laws that dated back to 1861. If same-sex marriage allowed this week it will mark a record time frame for a country moving from homosexuality being outlawed to embracing same-sex unions.
The case is expected to be heard on Friday 6th January with several same-sex couples putting forward their pleas for the right to wed. One of the applicants is a 46-year-old Indian national who married his American husband in 2010 and registered their marriage in Pennsylvania in 2014. They attempted to register their wedding in India and were denied. They argue that under the Indian constitution their marriage should be recognised.
Those arguing for change have highlighted that without marriage same-sex couples cannot do many things taken for granted by heterosexual couples such as applying for life insurance or being recognised as next-of-kin.
The government is also expected to put its position before the courts this week and has previously said it opposes same-sex marriage due as it is not in line with Indian customs and expectations of family.
The government however has declined to say if it still holds this position and has also said it will honour any decision made by the court. Last week government MP Sushil Modi told parliament that he believed the decision should not be made by judges, and same-sex marriage should not be allowed.
“Some left-liberal people, as well as activists, are trying to bring in such laws in India as they pursue western ideology,” Modi said, “Marriage means the relationship between a biological man and biological woman.”
“Same-sex marriage will cause complete havoc to the delicate balance of personal laws of the country. Two judges can’t sit and decide. This should be debated in Parliament.” the politician said.
In November D.Y. Chandrachud became the country’s new Chief Justice, he has a record of being in support of LGBTI rights. He will hear the case alongside Justice Hima Kohli.
In 2022 marriage equality was achieved in Chile, Switzerland, Slovenia, and Cuba, and when the Mexican state of Guerrero changed their laws all of Mexico also came onboard. In February 2023 Andorra will bring in new laws in allowing same-sex couples to wed.
OIP Staff
You can support our work by subscribing to our Patreon
or contributing to our GoFundMe campaign.
