India’s Supreme Court is set to hear final arguments on petitions seeking to legalise same-sex marriage in the country. The hearing is expected to be livestreamed in the public interest, with the court’s decision eagerly awaited by same-sex couples and LGBTQ+ activists. At least three of the petitions filed are by couples who are raising children together, while nearly a dozen and a half couples have joined the legal battle for recognition of their relationships.
The debate on same-sex marriage is a critical issue in India, where it is estimated that tens of millions of LGBTQ+ people reside. Though the acceptance of homosexuality has grown in India, conservative attitudes to sex and sexuality remain entrenched, and many LGBTQ+ people still fear coming out to family and friends. A favourable decision by the Supreme Court would make India the 35th country in the world to legalise same-sex unions and bring about momentous changes in society, necessitating an overhaul of other laws governing adoption, divorce, and inheritance.
Among the couples hoping for a positive outcome are Dr Kavita Arora and Ankita Khanna, a same-sex couple who have been together for over a decade. The mental health professionals have been waiting for years to get married, a milestone that has been elusive in India due to societal and legal barriers. Ankita and Kavita, along with other same-sex couples, have petitioned the court to allow same-sex marriage and be acknowledged as equals, as enshrined in the Indian Constitution.
However, the government and religious leaders strongly oppose the legalisation of same-sex marriage, arguing that it is incompatible with the Indian family unit concept of a husband, a wife, and children. Leaders from all of India’s main religions have also spoken out against same-sex unions, stating that marriage is solely for procreation. The Indian government has urged the court to reject the petitions and maintain the status quo.
As the legal battle plays out, the petitioners have received a significant boost from the Indian Psychiatric Society (IPS), which has issued a statement supporting same-sex marriage. The IPS, which represents over 7,000 psychiatrists, stated that discrimination against LGBTQ+ people could lead to mental health issues and that homosexuality is not a disease.
The Supreme Court’s decision on same-sex marriage will have far-reaching implications for India’s LGBTQ+ community and broader society. The court’s verdict will determine whether the Indian Constitution upholds the values of equality and diversity or whether societal norms and religious beliefs continue to determine the rights of same-sex couples.