After conducting extensive hearings in May on a series of petitions advocating for the legal recognition of same-sex marriages, the Supreme Court finally delivered a verdict on October 17, 2023.?
The Supreme Court has held that the right to enter into a union cannot be restricted based on sexual orientation and that the failure of state to recognise the bouquet of rights flowing from a queer relationship amounts to discrimination.?
While the judgement is historic, the Court has recognised that it cannot make any law on same-sex marriage since law-making is the domain of the legislature.?
Various sections of society had different reactions to the verdict.?
Film Director & LGBTQ+ activist Onir says, "We had high expectations from today's verdict. But it has been very disappointing. When the hearing started, they were really making good points. The suggestions that they gave to the police department for the implementation of the safety of LGBTQI people are very important... But after that, on the main topic, he said that the government should take this decision, and he left it to Parliament... In 2018, SC took the decision that's why it was a positive decision.?As the court takes decisions on human rights, while the government takes a decision on the idea of how to get more votes..."
'Yes, We Exist' is an Instagram page that raises awareness about the LGBTQIA+ community. The page posted, "Equality is non negotiable. We shall have our rights. Let¡¯s rebuild our strength, courage and hope, together."?
One user said, "People went to the court because government failed us, now the court turn to government. but it was expected. law can be created only by the government. when we live in a democracy where the majority is living with a false conscience, the whole nation is doomed. Don¡¯t we have anything to protect minorities rights????"?
Another user from the community commented, "I feel rejected by my own country. And therefore, whatever happens to the country should not be my responsibility."?
Yet another comment pointed out how far the nation has come regarding acceptance for the LGBTQIA+ community.?
It said, "For perspective - almost exactly 10 years back (Dec 11. 2013) we heard justices Singhvi and Mukhopadhyay dismiss the concerns of lgbt people as being those of a "minuscule minority" and hence not worthy of being taken seriously. Today we¡¯ve heard the judges all say that the rights of lgbt people must be respected and that the practical issues faced by same sex couples need to be addressed, even if they stopped short of saying how. 10 years back, in the pain and agony and tears of the Koushal verdict, it was unimaginable that we could be in the place we are today. This is NOT an argument for being happy with today¡¯s verdict, but to recognise the advances we have made since 2013 - and the need to respond as we did then. Which was not by going back into the closet, as so many then feared would happen, but instead being spurred to keep fighting for the verdict we want and will get some day."?
"It's important to not give up hope in such times. Some parts of us always knew that it's not gonna happen. The good thing is that two out of the five judges agreed to the creation of civil unions and a minority opinion is never a minority. Whatever Litigation that comes ahead will have these opinions as the laying brick so that rights and entitlements can be granted. Be happy, Be proud!," said another comment.
There were certain sections of the community which supported the verdict.An Instagram user commented on his views on equal marriage rights: "Truly Disgusting, Sick and Dangerous for society. Once you accepted this disease, it will start rotting the family, society and culture from the day one."?
A post on Twitter read, "The Supreme Court's judgment against same-sex marriage is a step further toward the principle of equality. Embracing diversity is essential. While we respect sexual diversity, it's crucial to preserve our cultural and social institutions. Let's find a balance.."?
Another user posted, "Good...They won't let the west influence their Traditions. Kudos to India."?
Yet another read, "The only true marriage is between a man and a woman."?
Another said, "Big win for India, Science, and the Natural Law."?
"First, change the societal perception n then talk about legalising things.. The judgement is much appreciated," said another.?
In a 3-2 split verdict, the Supreme Court declined to legalise same-sex marriage and left it to the legislature to make law.?
The details of the judgement are mentioned in the video below:? ? ?
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