New Delhi – India’s top court has ruled that it cannot legalize same-sex marriages, deferring the issue to the country’s parliament. Chief Justice Mr. Justice D Y Chandrachud stated that the power to make such a law lies within the domain of the legislative body.
A five-judge bench, presided over by Chief Justice D Y Chandrachud, had considered arguments in the case between April and May of this year, culminating in today’s verdict. The Chief Justice acknowledged the presence of both agreement and disagreement on the extent to which the country should go regarding same-sex marriages.
In the ruling, two out of the four judges agreed with Chief Justice D Y Chandrachud’s stance against legalizing same-sex marriages, establishing a majority opinion. The court decision comes five years after the landmark 2018 judgment that overturned a colonial-era ban on gay sex.
India’s stance on same-sex unions stands in contrast to a handful of countries in Asia. Currently, only Taiwan and Nepal recognize and allow same-sex marriages in the region. Prime Minister Narendra Modi’s government had opposed the petitions, labeling them as “urban elitist views” and asserting that the matter should be debated and legislated in parliament. The government also contended that such marriages are not in line with the traditional Indian family unit concept of a husband, a wife, and children.
The court’s decision is significant in a region where conservative values still wield considerable influence in politics and society.