The Supreme Court of India has delivered a landmark ruling on the rights of the LGBTQ community ruling in favor of upholding the rights of the members of the community.
However, India’s apex court rejected same sex marriage in the country despite recognizing same sex couples.
A five-judge constitution bench delivered the verdict led by India’s Chief Justice DY Chandrachud on Tuesday, October 17, 2023.
The Judge rejected the government’s submission that the same-sex relationships were an urban or an elitist concept stating that they existed in different economic locations.
“Homosexuality or queerness is not limited to urban and affluent spaces. To imagine that queer people only exist in urban centers is to erase them.
“People may be queer regardless of whether they are from the villages or small town and regardless of caste or economic location,” the chief justice stated during the ruling.
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India Supreme Court on a Right to Feel Love
At the same time, the judge recognized that people have a right to choose their partner and feel love and connection.
According to him, such relationships could take any form and was important for human development.
“Humans live in complex societies. Our ability to feel love and connection with one another makes us feel human. We have an innate need to be seen and see.
“The need to share our emotions make us who we are. These relationships may take many forms, natal families, romantic relationships etc. The need to form part of family is core part of the human trait and is important for self-development,” added the judge.
Key Directives Issues by the Chief Justice
Moreover, the chief justice issued directives to centers and state governments to ensure that there is no discrimination in access to goods and services to the queer community.
He also asked the government to sensitize public about queer rights.
At the same time, the CJ asked the police to conduct a preliminary enquiry before registering an FIR against a queer couple over their relationship.
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Also, he directed the Indian government to create hotline for queer community, create safe houses ‘Garima Grih’ for queer couples who face violence and ensure inter-sex children are not forced to undergo operations.
Further, he directed that material benefits and services given to heterosexual couples and denied to queer couples will be a violation of their fundamental rights.
Same Sex Marriages in India
Although the Indian society is still largely dominated by traditional values, the LGBTQ community is quickly gaining more and more popularity and acceptance.
Because India does not recognize same sex marriages, LGBTQ couples do not have access to some legal benefits of marriage such as adoption, insurance, inheritance and so on.
