Four years after India’s Supreme Court scrapped a law criminalizing gay sex, it has agreed to hear petitions seeking legal recognition of same-sex marriages, raising hopes of securing another significant right for the country’s LGBTQ+ community. One of the two petitioners is a gay couple based in Hyderabad who held a commitment ceremony last December to cement their nearly decade-long relationship. Another couple based in Delhi said they have been in a relationship for 17 years, and have also petitioned the top court for recognition of gay marriages. A bench led by chief justice D.Y. Chandrachud on Friday asked the government to file its response within a month. Chandrachud, who took over as chief justice in November, is known for a string of progressive judgments on LGBTQ+ and women’s rights. In 2018, he was part of the five-judge bench that delivered the landmark judgment setting aside the colonial-era law criminalizing gay sex, calling it indefensible. It remains to be seen what stance Prime Minister Narendra Modi’s Hindu nationalist Bharatiya Janata Party, whose support base includes many Hindus, takes on the sensitive issue of legalizing gay marriages. Last year, the government told the Delhi High Court that marriage necessarily depends upon age-old customs and that same-sex marriages would "cause complete havoc with the delicate balance of personal laws in the country."
India Will Consider Legalizing Same Sex Marriage
- Al Ferguson
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