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India’s Supreme Court refuses to side with marriage equality; establishes committee to address concerns of same-sex couples

In India, the Supreme Court released a ruling on marriage equality, stating that it does not have the authority to legalize same-sex marriages since under India’s constitution, marriage is not a fundamental right. It, thereby, stressed that creating a law on this matter falls under the jurisdiction of the parliament.

Photo by Pratish Srivastava from Unsplash.com

In India, the Supreme Court released a ruling on marriage equality, stating that it does not have the authority to legalize same-sex marriages since under India’s constitution, marriage is not a fundamental right. It, thereby, stressed that creating a law on this matter falls under the jurisdiction of the parliament.

Perhaps more interestingly, the court also decided to establish a committee to address the concerns of same-sex couples, including those related to ration cards, pension, and succession.

“While the ruling today falls short of granting marriage equality, it is encouraging to see that the judges of the Indian Supreme Court have acknowledged the inherent rights of (LGBTQIA) individuals and recognized their presence in all corners of society,” Maria Sjödin, executive director of Outright International, said in a prepared statement to Outrage Magazine. “This recognition is a significant step towards achieving full equality for LGBTIQ people in India.”

Sjödin added that India’s Supreme Court’s directive to end discrimination against queer persons and ensure equal access to goods and services is a significant milestone in the fight for LGBTQIA rights in that country.

The ruling also includes a directive to the Union government and state governments to:

  • ensure that intersex children are not subjected to forced operations
  • ensure that trans people are not required to undergo medical procedures in order to access legal gender recognition

The ruling similarly directed the police to cease harassment of queer individuals and couples, and calls on the government to sensitize the public about queer identity.

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