The Supreme Court heard arguments on behalf of the government from Solicitor General Tushar Mehta in the case for legal recognition of same-sex marriage under the Special Marriage Act, 1954
The Special Marriage Act,1954 provides a special form of marriage for the people of India and Indian nationals in foreign countries, irrespective of the caste they are from and the religion they follow. LGBTQ+ rights activists are seeking the legalisation of gay marriage under this act
The main petitioners of the case, Supriyo and Abhay Dang, argue that the non-recognition of same-sex marriage amounts to discrimination that strikes at the root of dignity and self-fulfilment of LGBTQIA+ couples. Meanwhile, the Centre has maintained its stance against marriage equality, invoking the “accepted view” that a marriage between a biological man and woman is a “holy union, a sacrament and a sanskar” in India
In its submission to the Supreme Court, the BJP-led government has called this petition, a voicing of “urban elitist views”. The judges should leave the task to the Parliament, the people would decide whether such a “marriage of a different kind” is socially and religiously acceptable or not, the Centre said.
The debate over same-sex marriage often termed as ‘gay marriage’ comes years after the historic ruling by the Supreme Court to legalise gay sex by abolishing Section 377. Take a look at other countries which support same-sex marriage
India is among 134 countries which have recognised homosexuality but same-sex marriage is only allowed in 34 countries which excludes India. This means same-sex couples are not entitled to spousal rights such as adoption or inheritance rights.
By 2020, more than 24 countries legalised same-sex marriages which includes the US, UK, Netherlands, France and Spain. Countries like Italy, Greece and Switzerland give same-sex couples equivalent rights to heterosexual couples.
In Asia, Taiwan, which follows its own rules, legalised same-sex marriage. Israel, Japan and Hong Kong provide spousal benefits to all. Around 20 Asian countries including Saudi Arabia, UAE consider homosexuality, a crime
The same-sex marriage hearings in Supreme Court are being live-streamed. During his closing argument on April 27, Solicitor General Tushar Mehta told a five-judge constitution bench headed by Chief Justice D Y Chandrachud that the apex court is dealing with a "very complex subject", which has a "profound social impact"