India’s top court refuses to legalise same-sex marriages

The long-awaited decision quashes petitioners’ hopes of more than doubling the number of people worldwide with marriage equality rights

Prime Minister Narendra Modi’s government had opposed the move, arguing that in Indian culture, marriage is between a man and a woman

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Journalists outside the Supreme Court of India in New Delhi on Tuesday ahead of its ruling on same-sex marriages. Photo: AFP

Published: 2:46pm, 17 Oct 2023Updated: 7:13pm, 17 Oct 2023

India’s top court on Tuesday declined to allow same-sex marriages in the country, quashing hopes that the long-awaited ruling would more than double the number of people worldwide with marriage equality rights.

Chief Justice D.Y. Chandrachud, in his opinion on the case, said the court does not have the jurisdiction to recognise LGBTQ marriage and changing the law was in the hands of parliament – a move that allows the country’s current limits on marriage to stand for the foreseeable future.

“This court cannot make law. It can only interpret it and give effect to it,” Chandrachud said, while also rejecting the government argument that being gay is “urban or elite”.

Chandrachud added that India still had a duty to acknowledge same-sex relationships and protect those in them from discrimination.

“Our ability to feel love and affection for one another makes us feel human,” he said from the bench.

The Supreme Court called on the government to set up a committee to look into the rights and entitlements of LGBTQ people, including assessing rules around medical, financial and inheritance benefits – issues that had been highlighted by petitioners in the case.

The petitioners in the case – a diverse group of same-sex couples – had argued that India’s constitution guaranteed equality and urged the Supreme Court to recognise the unions under the Special Marriage Act, a secular law that has been used to legalise intercaste and inter-religious marriages.

Siddhant Rai, 20, who was among the crowd outside the court, said he did not expect any official endorsement of same-sex marriage under Modi’s ruling Bharatiya Janata Party (BJP).