Supreme Court Dismisses Same-Sex Marriage Review Petitions

The Supreme Court of India recently dismissed petitions seeking a review of its earlier ruling on same-sex marriage. This decision comes after a five-judge bench carefully examined previous judgments. The court concluded there was no apparent error and reaffirmed that the legislature should decide on the matter.

Background of the Case

In October 2023, a Constitution bench led by Chief Justice D Y Chandrachud ruled against granting legal status to same-sex marriages. The court stated there is no unqualified right to marriage, except for those recognised by law. The Chief Justice emphasised the need for legislative action on this issue.

Judicial Opinions

The five judges agreed that same-sex couples do not possess a fundamental right to marry. The majority opinion favoured legislative authority on the subject. However, Chief Justice Chandrachud and Justice Sanjay Kishan Kaul supported civil unions for non-heterosexual couples. The differing views among justices brought into light the complexity of the legal discourse surrounding marriage equality.

Guidelines Issued by the Court

In conjunction with its ruling, the Supreme Court established several key guidelines to protect the rights of the queer community. These include: 1. Ensuring non-discrimination against the queer community. 2. Guaranteeing equal access to goods and services. 3. Raising public awareness about queer rights. 4. Establishing a dedicated hotline for the queer community. 5. Creating safe houses, known as ‘Garima grih’, for queer couples. 6. Protecting intersex children from forced medical procedures. 7. Prohibiting compulsory hormonal therapy. 8. Preventing police harassment of queer individuals.

Implications of the Ruling

The Supreme Court’s decision has implications for the LGBTQ+ community in India. While it did not grant legal recognition to same-sex marriages, the guidelines aim to enhance the protection and rights of queer individuals. This ruling puts stress on the ongoing debate around marriage equality and the role of the legislature in shaping social policies.

Future Legislative Prospects

The court’s stance indicates that any change in the legal status of same-sex marriage will require legislative action. This places the responsibility on Parliament to address the issue, reflecting the need for broader social acceptance and legal reform regarding LGBTQ+ rights in India.

Public Reaction

The ruling has sparked varied reactions across society. Supporters of LGBTQ+ rights express disappointment over the lack of legal recognition for same-sex marriages. Conversely, some conservative groups view the decision as a reaffirmation of traditional marriage values. The ongoing dialogue marks the societal divide on this contentious issue.

Questions for UPSC:

1. Discuss the implications of the Supreme Court’s ruling on same-sex marriage in India.
2. Critically examine the role of the legislature in addressing LGBTQ+ rights in India.
3. Explain the significance of the guidelines issued by the Supreme Court for the queer community.
4. With suitable examples, discuss the impact of public sentiment on legal reforms regarding marriage equality.

Answer Hints:

1. Discuss the implications of the Supreme Court’s ruling on same-sex marriage in India.

1. The ruling denies legal recognition to same-sex marriages, impacting LGBTQ+ rights.
2. It emphasizes that any changes require legislative action, shifting responsibility to Parliament.
3. The guidelines issued aim to protect queer individuals from discrimination and harassment.
4. It may influence public opinion and future advocacy for marriage equality.
5. The decision marks the ongoing struggle for acceptance and rights within Indian society.

2. Critically examine the role of the legislature in addressing LGBTQ+ rights in India.

1. The legislature is tasked with enacting laws that can provide legal recognition for same-sex marriages.
2. Legislative action reflects societal attitudes and can either advance or hinder LGBTQ+ rights.
3. Parliament must balance traditional views with evolving social norms regarding marriage and equality.
4. Previous attempts at legal reform have faced opposition, indicating a complex political landscape.
5. Legislative discussions can encourage public awareness and dialogue on LGBTQ+ issues.

3. Explain the significance of the guidelines issued by the Supreme Court for the queer community.

1. The guidelines aim to prevent discrimination and ensure equal access to services for queer individuals.
2. Establishing safe houses (‘Garima grih’) provides refuge for vulnerable queer couples.
3. Public sensitization efforts promote awareness and understanding of queer rights.
4. Creating a hotline offers immediate support and resources for the queer community.
5. The guidelines reflect a judicial commitment to protecting the rights of marginalized groups.

4. With suitable examples, discuss the impact of public sentiment on legal reforms regarding marriage equality.

1. Public support for LGBTQ+ rights can drive legislative changes, as seen in other countries.
2. Opposition from conservative groups can stall or reverse reforms, reflecting societal divides.
3. Media coverage and activism influence public perception, shaping the political landscape.
4. Examples from global contexts, like the legalization of same-sex marriage in the US, show how public sentiment can lead to legal recognition.
5. In India, ongoing protests and advocacy highlight the need for societal acceptance alongside legal reforms.