India’s Supreme Court’s final arguments this week in a historic group of petitions to legalize same-sex marriage. The Supreme Court heard on at least 15 petitions concerning the demand for marriage equality in India.
Particularly, this same court decriminalised gay sex in 2018, extended certain rights to the transgender community in 2014, enhanced protections for “atypical” families in 2022, and declared privacy a constitutional right in 2017.
The hearing on Wednesday began with the Centre’s affidavit to the Supreme Court. requesting that all states be admitted as parties in the case, stating that the case requires an assessment of state rules and customs of various sections of society.
The Centre has filed a preliminary objection to the hearing, claiming that the only constitutionally permissible forum for deciding on the formation of a new social relationship is the parliament.
Meanwhile, senior counsel Mukul Rohatgi, representing the petitioners, called the affidavit “irrelevant.” In defending the rights of the LGBTQIA+ community, Rohatgi argued that the state’s recognition of a homosexual couple’s union will reduce the stigma surrounding homosexuality, citing several case laws where marriage equality has been upheld in other countries.
