A chief justice of India’s top court has declared that same-sex marriages cannot be legalized, with the country’s chief justice stating that establishing such a law is the domain of parliament.
A five-judge bench led by India’s Chief Justice, D.Y. Chandrachud, heard arguments in the case between April and May of this year and issued its decision today.
As he began reading his order, Chandrachud stated that there was some ‘agreement and disagreement on how far we have to go’ on same-sex marriages.
Two of the other four judges agreed with Chandrachud that same-sex marriages should not be legalized, giving the court a majority. Two further judges have still to comment.
Those who had gathered outside the court in the hopes of celebrating India becoming the second Asian jurisdiction outside of Taiwan to legalize same-sex marriages were disappointed.
‘We are not content with what the court has said,’ Siddhant Kumar, 27, said.
‘This has been going on for years, and we’ve been fighting for legal recognition,’ he continued.
‘We must be strong and continue our struggle.’
The petitioners claimed that legalizing same-sex marriage would allow them to enjoy some of the legal benefits of marriage, such as adoption, insurance, and inheritance.
Advocates for almost two dozen petitioners said it was past time for India to accept the LGBTQ population as equal citizens under the country’s constitution.
The ruling, however, stated that the charter did not provide a basic right to marry that would extend to same-sex couples under current legislation.
‘It is for parliament and state legislatures to define marriage legislation,’ Chandrachud said during his verdict.
Chandrachud went on to say that India still has a responsibility to recognize same-sex relationships and protect persons in them from prejudice.
From the bench, he said, “Our ability to feel love and affection for one another makes us feel human.”
‘This court has recognized that equality requires that queer unions and LGBT people be treated equally.’
The court decision comes five years after the Supreme Court overturned a colonial-era ban on gay sex in 2018.
