India’s Supreme Court is set to hear final arguments over granting legal recognition to same-sex marriages starting April 18th. This landmark event is being closely watched by India’s LGBT community and activists around the world. The case follows the Supreme Court’s 2018 ruling to decriminalize homosexuality by striking down a colonial-era ban on gay sex.
At least 15 pleas, some by gay couples, have been filed in recent months, urging the court to recognize same-sex marriages. The Indian government, however, has stated that it opposes granting legal recognition to same-sex marriages, arguing that it is a matter for the legislature to decide. India’s Solicitor General, Tushar Mehta, representing the government, told the court that “When the question of granting recognition, legal sanction to a relationship is concerned, that is essentially a function of the legislature.”
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While the 2018 ruling affirmed the constitutional rights of the LGBT community, they still lack legal backing for their unions, which is a basic right enjoyed by heterosexual married couples. LGBT activists argue that it is unjust that same-sex couples are not granted the same legal recognition and protection as their heterosexual counterparts.
The issue of same-sex marriage is a sensitive one in India, and speaking openly about homosexuality is still considered taboo by many in the socially-conservative country of 1.4 billion people. However, this case represents a critical moment for LGBT rights in India, with the possibility of setting a precedent for legal recognition of same-sex marriages.
The proceedings of the case will be live-streamed on the Supreme Court’s website and YouTube, providing access to the public and allowing the world to witness this historic moment. The Chief Justice of India, D.Y. Chandrachud, said while dictating the order that “We are of the considered view that it would be appropriate that the issues raised are resolved by a bench of five judges of this court.”
The final ruling on legalizing same-sex marriages in India will have far-reaching implications for the country and its LGBT community, and the world will be watching closely as the case unfolds.
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