On October 17th, the Supreme Court of India delivered its judgement on on the issue of same-sex marriage. While the Court chose not to grant marriage equality to same-sex couples, through changes to the Special Marriages Act, they emphasised the negative impact of stigma, violence and discriminatory laws, policies and practices on LGBTQ people, and reiterated the State’s obligation to take remedial action.
The Supreme Court held that there is no constitutional right to marry, only that set out in laws such as the Special Marriages Act. They felt that the broader framework of legal and policy changes needed to legalise same-sex marriage was a task for Parliament, to be investigated by the proposed Committee headed by the Union Cabinet Secretary.
Importantly, the Court acknowledged the human rights of LGBTQ people and recognised the extent and impact of ongoing discrimination in all facets of life, including the discriminatory impact of being denied the benefits that flow from legally recognised unions.
It reiterated the obligation on the State to protect LGBTQ people from the ongoing discrimination, prejudice and violence they experienced, and to create an environment conducive to the enjoyment of their rights, including the right to choose a partner, cohabit, and live the way they choose without disturbance. These aspects of the judgement will serve to strengthen the equality rights of LGBTQ people.
Read the full judgement here
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