The Supreme Court of India has delivered a landmark judgment in a series of petitions seeking the legal recognition of same-sex marriage. The Constitution Bench, led by Chief Justice of India DY Chandrachud, reached a significant verdict after reserving the case for judgment on May 11.
In a departure from the traditional practice of a unanimous verdict, all judges including Justices Sanjay Kishan Kaul, S Ravindra Bhat and PS Narasimha, with the exception of Justice Kohli, issued separate judgments.
Chief Justice Chandrachud's opinion concludes that the Supreme Court cannot either strike down or add provisions to the Special Marriage Act to include same-sex couples within the scope of the 1954 law. The responsibility for legalising same-sex marriage lies with the Parliament and state legislatures, who must enact appropriate laws to address this issue.
The key points highlighted in Chief Justice Chandrachud's judgment are as follows:
The Supreme Court's decision, while not legalizing same-sex marriage directly, carries substantial implications for the recognition of queer individuals and their rights in India.
While the judgment signifies a crucial step toward the acknowledgment of queer identity within the legal framework of the country; we wouldn’t have gotten nearly as far were it not for the efforts of two advocates and their landmark cashew in 2018.
Arundhati Katju and Menaka Guruswamy are legal luminaries who played a transformative role in striking down Section 377 of the Indian Penal Code and decriminalizing homosexuality in India. Their efforts marked a significant milestone in the fight for LGBTQ+ rights in the country.
Arundhati Katju is a qualified lawyer practicing in India and New York. She boasts an impressive legal career, litigating numerous notable cases in Indian courts.
Menaka Guruswamy is a Senior Advocate at the Supreme Court of India. Her legal career has been equally distinguished, with involvement in a wide range of landmark cases before the Supreme Court.
The culmination of their efforts was a unanimous decision by the Supreme Court of India that overruled the regressive Koushal judgment of 2013, which had upheld Section 377 in its entirety. This momentous ruling marked a historic shift in India, decriminalizing homosexuality and ensuring that LGBTQ+ individuals could no longer be arrested for their sexual orientation.
Their dedication to this cause earned them a place on the Time 100 list of the most influential people in the world in 2019, alongside recognition by other prestigious institutions for their outstanding contributions to queer rights.
Katju and Guruswamy’s legal prowess and advocacy profoundly impacted India, fostering greater acceptance and equal rights for the LGBTQ+ community. Their journey serves as a beacon of hope for ongoing progress in queer rights globally.
While the Supreme Court's judgment does not directly legalize same-sex marriage, it signifies a crucial step towards greater inclusivity, non-discrimination, and legalising the queer identity.
It underscores the need for legislative action by the Parliament and state legislatures, bringing the country closer to the vision of Katju and Guruswamy for a more inclusive and accepting society for all, regardless of sexual orientation.
It's still a long (and admittedly frustrating) road forward, before we witness the queer identity being fully embraced within the country's legal framework. But slowly and surely, that vision shall be realised.