Four years after India’s Supreme Court rejected a colonial-era law making homosexuality a criminal offence, the government now has a month to respond to applications to recognize same-sex marriage. gender. (Also read: SC notifies the Center of the request for legal recognition of same-sex marriage)
Last week, the high court headed by Chief Justice DY Chandrachud heard a public interest lawsuit filed by two LGBTQ couples arguing that the state’s refusal to recognize them as husband and wife violated their right to be married. their constitution.
The first application was filed by a couple who have been together for nearly a decade and held a commitment ceremony last year where their relationship was blessed by parents, family and friends.
The second petition was filed by a couple who have been in a 17-year relationship and are raising children together. However, the couple said that their lack of marital status meant they could not have a legal relationship with their children.
Other lawsuits seeking the recognition of same-sex marriage under India’s Special Marriages Act (SMA) 1954 are pending in the state high courts in Delhi and the southern state of Kerala.
“Forbidding us to get married is a violation of our equal rights. We have told the court that not being able to get married affects our personal freedoms, adoptions and financial problems. Members of the LGBTQ community have the same human, fundamental and constitutional rights as other citizens,” one of the petitioners told DW anonymously, as his legal case is ongoing.
What is the path to legalization?
After the Supreme Court of India legalized homosexuality, many raised questions about moving towards legalizing same-sex marriage.
The Special Marriages Act (SMA) was the original law passed to legalize interfaith unions. Now, LGBTQ couples are arguing that their marriage should be recognized under the SMA.
Along with not recognizing same-sex marriage, Indian law does not provide for civil unions. Gay and lesbian couples are also not allowed to have children with the help of an Indian surrogate mother.
An LGBTQ person can only apply to the Central Adoption Review Authority as a single parent.
Without the legal right to marry, LGBTQ couples still participate in engagement ceremonies, which are not legally binding but represent a couple’s lifelong commitment to each other. Couples often hold large weddings at the destination and perform traditional Indian wedding ceremonies.
“We aspire to have the right to be just like everyone else. Without any discrimination, without any discrimination, without any judgment,” the LGBTQ rights activist said. Mohnish Malhotra told DW.
Other rights claimed by the LGBTQ community include property ownership and inheritance, as well as the inclusion of their same-sex partners on hospital and insurance forms.
“I think decriminalization is the first step. There is still no positive legal inclusion for gays and lesbians in the Indian legal framework, and marriage should be viewed in the context of the law. that scene,” Senthi, who uses a name, from LGBTQ literary organization Queer Chennai Chronicles, told DW.
Protest against LGBTQ marriage in India
Although awareness of the LGBTQ community has increased in India, there is still stigma and opposition to full acceptance. To date, 33 countries around the world have recognized same-sex marriage and civil unions.
The Bharatiya Janata Party (BJP) government in the northern state of Uttar Pradesh has described same-sex marriage as contrary to India’s culture and religion in statements about a lawsuit filed by a same-sex couple in a high court. high in Allahabad.
The government says same-sex marriage should be considered invalid under Indian law.
“We’re not against two people living together, but we can’t let a judge arbitrate on same-sex marriage. There needs to be a larger social debate and parliament needs to come in. discussion on this matter,” said one senior student. The BJP government adviser, requesting anonymity, told DW.
Editor: Wesley Rahn
