India’s Supreme Court refuses to legalise same-sex marriage in momentous ruling
On 17 October, India’s Supreme Court declined to legalise same-sex marriages, in a three to two majority. In his closing remarks, Chief Justice Chandrachud said the “court cannot grant LGBTQ+ people the right to marry as that is a legislative exercise.” However, he highlighted the “opportunity” for this moment to “remedy historical injustice” against LGBTQIA+ people.
Between April and May, the top court heard from 21 petitioners, including LGBTQIA+ couples, activists and organisations seeking marriage equality and reform to the Special Marriage Act of 1954.
This act allows the marriage of people of different castes and religions to wed and petitioners were looking to include LGBTQIA+ people.
Lawyers for the petitioners argued that marriage was a union of two people, not just a heterosexual pairing, and that denying same-sex couples marriage equality was a violation of constitutional rights.
