The Indian government has filed a 102-page document with the Supreme Court opposing appeals to legalize same-sex marriage in the country. The government dismissed the appeals, stating that they were “urban elitist views” and that parliament should be the platform to debate the matter. The government’s filing further argued that same-sex marriages were not “comparable with the Indian family unit concept of a husband, a wife, and children.”
The government’s stand on the issue comes as a disappointment to the LGBTQ+ community in India, which has been fighting for equal rights and recognition for years. At least 15 appeals were filed with the court in recent months, stating that without legal recognition, many same-sex couples could not exercise rights linked to medical consent, pensions, adoption, or even club memberships.
The Indian government’s opposition to same-sex marriage is based on the traditional values of the Indian family unit. The government believes that legalizing same-sex marriage would mean a “virtual judicial rewriting of an entire branch of law.” The government has also stated that it had to “take into account broader views and voice of all rural, semi-rural, and urban population, views of religious denominations.”
However, the LGBTQ+ community demands equality and justice. Legalizing same-sex marriage would not only give same-sex couples the legal recognition they deserve, but it would also remove the stigma and discrimination faced by the LGBTQ+ community. The Supreme Court, which decriminalized homosexuality in 2018 by scrapping a colonial-era ban on gay sex, will hear the case from Tuesday.
Same-sex marriages are not widely accepted in Asia as they are in the West. However, Taiwan became the first country in the region to recognize such unions. While same-sex acts are illegal in some countries such as Malaysia, Singapore ended the ban on gay sex last year but took steps to bar same-sex marriages. Japan is the only country among the Group of Seven rich nations that does not legally recognize same-sex unions, although the public broadly favors recognition.
In conclusion, India’s opposition to same-sex marriage legalisation is disappointing for the LGBTQ+ community in the country. While the government believes in the traditional values of the Indian family unit, the LGBTQ+ community demands equality and justice. The Supreme Court hearing on Tuesday will be an important moment for the community in their fight for equal rights and recognition.
