The highest court in India rejects a request to legalize gay marriage
The five-judge panel deliberates the case between April and May before rendering its decision.
An appeal to legalize homosexual marriage was denied by India’s Supreme Court, putting the rights of LGBTQ people in the most populous nation in the world at risk.
After hearing arguments in April and May, the top court made its ruling on Tuesday. Three of the five judges found that Parliament should settle the matter.
According to Chief Justice Dhananjay Yashwant Chandrachud, “the court, while exercising the power of judicial review, should stay away from matters, especially those bearing on policy, which fall within the legislative domain.”
Consider providing same-sex couples with certain rights and advantages.
Chandrachud suggested that the government the denial of “benefits and services” provided to heterosexual spouses is a violation of their fundamental rights, so provide some legal protections for homosexual partnerships.
“Choosing a life partner is an integral part of choosing the direction of one’s life,” he stated.
This right “goes to the core of the right to life and liberty under Article 21 (of the Constitution of India),” as stated by the author.”Some people may consider this the most important decision of their lives.”
Chandrachud argued that the government should also take action to prevent prejudice against LGBTQ individuals, including establishing hotlines and safe places for those in need and banning gender-altering medical operations. or modifying one’s sexual orientation.
The court’s ruling was supported by a petition that contended that LGBTQ individuals’ constitutional rights were harmed by the unwillingness to recognize same-sex unions.