Chief Justice DY Chandrachud said that it is up to Parliament to create such a law.
India’s top court has refused to legalise same-sex marriages, with the chief justice of the country saying that it is up to Parliament to create such a law.
Chief Justice Chandrachud said there were degrees of agreement and disagreement among the justices “on how far we have to go” on same-sex marriages.“This court can’t make law. It can only interpret it and give effect to it,” the chief justice said, reiterating that it was up to Parliament to decide whether it could expand marriage laws to include same-sex unions.
Legal rights for LGBT+ people in India have been expanding over the past decade, mostly as a result of the Supreme Court’s intervention.In 2018, the top court struck down a colonial-era law that had made gay sex punishable by up to 10 years in prison and expanded constitutional rights for the gay community.
During the hearings, the government argued that a marriage is only between a biological male and a biological woman, adding that same-sex marriages went against religious values and that the petitions reflected only “urban elitist views”. Religious groups too had opposed same-sex unions, saying they went against Indian culture.
By not recognising such unions, the government was depriving same-sex couples of their right to equality enshrined in the constitution and rights enjoyed by married heterosexual couples, from adoption and medical insurance to pensions and inheritance, they argued.
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