Emmanuel OchayiThe Supreme Court of India has stood firm against legalizing same-s3x marriages in the nation, placing the responsibility squarely on the shoulders of Parliament.
Chief Justice DY Chandrachud stated, “This court can’t make law. It can only interpret it and give effect to it,” emphasizing the need for legislative action to expand marriage laws to include same-s3x unions.
However, amidst this verdict, Justice Chandrachud also used his platform to advocate for LGBTQ rights, urging the government to combat discrimination against the community. This nuanced stance showcases a legal system at a crossroads, grappling with a complex issue.
The Supreme Court had previously heard 20 petitions this year seeking the legalization of same-s3x marriage, revealing a spectrum of viewpoints among the justices. Justice Chandrachud described the varying degrees of agreement and disagreement, hinting at the complexities surrounding the topic.
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This decision follows the landmark 2018 ruling, which struck down a colonial-era law criminalizing gay sex and broadened constitutional rights for the LGBTQ community. While it may not be the outcome the LGBTQ community had hoped for, it serves as a historical moment, pushing the government to act and “pave the way for a better future,” as one judge stated.
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