Scores of LGBTQIA+ Indians are knocking the doors of the Supreme Court requesting that they be allowed to marry a person of the same sex and enjoy the same rights, privileges, and obligations as heterosexual marriages. They are seeking the provisions of the Special Marriage Act, 1954. One of the petitioners has expanded the ambit of his plea requesting the conferment of rights consequent to marriage including adoption, succession, and inheritance.
Who has Filed the case?
20 petitions seeking legal recognition for same-sex marriages in India have been filed in the last four years. The lead petitioner is “Supriyo @Supriya Chakraborty”. Senior Advocate Mukul Rohatgi for the petitioners has said that the consequences flowing from heterosexual marriages must also flow to same-sex marriage.
Why is it historic?
The hearing of the matter is of seminal importance says Chief Justice DY Chandrachud. By a baseline estimate, India has 2.5 million LGBTQIA+ people, Global estimates believe the population to be ten times more i.e. 30 million plus in India.
Opinion of Psychiatrists
In April 2023, the Indian Psychiatric Society said that LGBTQIA+ spectrum individuals should be treated like all citizens of the country and should be able to enjoy all civil rights including marriage and adoption.
Will Personal laws change?
The Supreme Court has said that it will not be touching upon the aspects of personal laws. The remit of the proceedings will be confined to the validation of such marriages under the Special Marriage Act (SMA).
The story so far
Even though homosexuality was decriminalized by the Supreme Court in 2018, same-sex marriages continue to be unacknowledged and unrecognized by Indian laws. Consequently, 20 petitioners filed cases in various courts in the last four years seeking same-sex marriages. On March 13, 2023 a Bench led by Chief Justice of India D.Y. Chandrachud referred the petitions to a Constitution Bench of five judges of the Supreme Court. The Court commenced hearing the case on April 18.
The main players
For Petitioners: Senior Advocates Mukul Rohatgi, A.M. Singhvi, KV Vishwanathan, Maneka Guruswamy. For the Centre, Solicitor General Tushar Mehta, is fighting the case.
SC Proceedings TILL NOW
SC rejected Centre’s stand that same-sex marriage is an urban elitist concept.
Which Countries Recognize same sex marriage?
There are currently 34 countries where same-sex marriage is legal.
Openly LGBTQIA+ leaders & Fortune 500 CEOs of the world
Prime Minister Of Iceland, Jóhanna Sigurðardóttir, Prime Minister of Belgium Elio Di Rupo , Prime Minister of Luxembourg Xavier Bettel, Leo Varadkar Prime Minister Of Ireland. Currently, four Fortune 500 CEOs have come out as LGBTQIA+. They include Tim Cook, CEO of Apple; Jim Fitterling, CEO of Dow; Jeffrey Gennette, CEO of Macy’s and Beth Ford, CEO of Land O’Lakes.
— Text by Ketan Narottam Tanna & Shruti Kakkar