Gay marriage legal in india

Same-Sex Marriage in India Explained Highlights: A five-judge bench gay marriage by Chief Justice of India DY Chandrachud pronounced the verdict on marriage equality on October Scroll down for what the judges said and their arguments' explanation. India's Supreme Court has declined to legalise same-sex unions, dashing the hopes of millions of LGBTQ+ people seeking marriage equality.

The court instead accepted the government's offer to. Explore the current legal status of marriage registration for LGBTQ+ couples in India—live‑in rights, court rulings like Supriyo v. Union, and ongoing advocacy for legal recognition. Despite judicial recognition of the right to privacy, dignity, and identity for LGBTQIA+ individuals, the Supreme Court ruling has made it clear that the legal framework for marriage does not extend to same-sex couples.

The responsibility to change this now rests with the Parliament. In the absence of any central law, the judgment read that State legislatures can enact laws recognising and regulating same-sex marriages; the Constitution under Articles and empowers both the Parliament and the State to enact marriage regulations. He said that the court cannot create a legal framework for queer couples as that is the job of the legislature.

Abhay Dang and Supriyo Chakraborty are two of legal india than a dozen petitioners who wanted same-sex marriages to become legal. The government had insisted that only parliament could discuss the socio-legal issue of marriage and argued that allowing same-sex marriage would lead to "chaos" in society. Pia Chanda who's been in a same-sex relationship for 34 years, told the BBC that "the Supreme Court is playing passing the parcel".

The government and religious leaders had strongly opposed the petitions. Chandrachud CJI S. Getty Images. They accepted Solicitor General Tushar Mehta's proposal on behalf of the government to set up a committee, headed by the country's top bureaucrat, to consider "granting queer couples" rights and privileges available to heterosexual couples. The BBC has spoken to legal experts to help break down the verdict.

We should have been building up a case of non-discrimination on various aspects like insurance policies, bank accounts, home loans. The five-judge bench had held extensive hearings in April and May and the deliberations were "livestreamed in gay marriage legal in india interest". But I think it would have been good if civil union [was allowed].

We are also hearing from people who welcome the court's verdict. Is India on the cusp of legalising same sex marriage? The petitioners had argued that not being able to marry violated their constitutional rights.

However, these laws regulated only one type of social historical union, that is the heterosexual union," he said. India has a framework in place within the Special Marriage Act of which allows for interfaith marriage and the ruling today was to either accept or reject a proposed amendment to provide same-sex marriages the same civil protection. Copy link.

Same-sex marriage in india: supreme court

This discriminates against same-sex couples by denying them matrimonial benefits such as adoption, surrogacy, employment and retirement benefits. But after all the judges had spoken, and the majority of three judges on the bench did not back his list, it became clear that Justice Chandrachud's directions will remain just that - directions.

Documents Chandrachud with Justices P. From the start, the judges had gay marriage legal in india they would not wade into religious personal laws that govern much of India's laws around marriage, adoption and inheritance. Share page. Which essentially meant that they could not legalise same-sex marriage. Before the verdict, Mr Aggarwala had told reporters that allowing same-sex marriages would not be a good idea as it is "not in accordance with the system prevalent in India".

But as the hearings progressed, it became clear just how complex the matter was, with the bench conceding that issues of divorce, adoption, succession, maintenance and other related issues are governed by dozens of laws - and that many of them do spill over into religious personal laws. Pia Chanda, who's been in a same-sex relationship for 34 years, told the BBC the "Supreme Court is playing passing the parcel".

Page 1 of 4. It is very worrying. At the start of the hearings, it had seemed like India was on the cusp of making history by allowing same-sex marriages.