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Gay Rights

India's Supreme Court to consider recognition of same-sex marriage

India’s Supreme Court is to consider recognising same-sex marriage under the Special Marriage Act (SMA) which still contains reservations on the issue.

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Pressure is growing to allow gay weddings in India.
Pressure is growing to allow gay weddings in India. © RFI/Murali Krishnan
By: Murali Krishnan in New Delhi Follow
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The court decided Friday to proceed with the case weighing legal recognition of same-sex marriages four years after the same institution struck down a colonial-era ban on gay sex.

Legal recognition of a status, or fact, is a  formal acknowledgement of that status or fact as being true, valid, legal, or worthy of consideration.

The Indian legal system only supports and promotes heterosexual marriage to date.

Previously, the Indian government had opposed legal recognition of same-sex marriage under the Hindu Marriage Act in a separate case.

The first petition was filed by Supriyo Chakraborty and Abhay Dang who have been a couple for almost a decade and even recently had a commitment ceremony in December 2021, where their relationship was blessed by their parents, family and friends.

Now, they want their marriage recognized under the SMA (Special Marriage Act), a law that originally legalized interfaith unions.

“This is a living issue, not a property issue. Impact is on health, succession. We are only here talking about the Special Marriage Act," said advocate Mukul Rohatgi appearing for the petitioners.

In India, same-sex marriages have no legal sanction, though petitions for legalisation are under consideration in various courts across the country; In the meantime, several gay couples have been participating in commitment ceremonies.

“The time has come for the government to accept marriages among gay couples. Why can we not have the same right to marriage?” Jagdeep Ray, a gay activist told RFI.

Since the Supreme Court decriminalised gay sex in 2018 and gave the right of the union to members of the LGBTQ community, many have raised the obvious question of bestowing the legal validity of a marriage on this union.

Raft of petitions

In India, the petitioners have argued that barring them from marriage violates their right to equality. They told the court that the ability to marry has implications for personal liberty, adoption and financial matters.

Just recently, lesbian lovers Adhila Nassrin and Fathima Noora were in the spotlight when a court in the southern Indian state of Kerala reunited the two women after they had been forcibly separated by their parents.

Last month, the couple who had quite a personal and legal struggle to get their relationship recognised, posed as brides in a photoshoot that went viral.

“We're not married yet. But at some point, we'd like to be,” Nasarin told the local press.

In April, the Uttar Pradesh government outlined its stance on same-sex marriage in front of the Allahabad High Court.

According to the state government’s plea, such relationships are considered 'against' our culture and various other religions that co-exist in India.

Their views were submitted to the judicial bench during a case involving two girls in a homosexual relationship

The landmark judgment by India’s highest court in 2018 was a watershed ruling for India's LGBTQ community.

The country’s LGBTQ citizens are not a minuscule minority. The approximately 33-million-strong population, according to the community, has a voice that is strong and refuses to be silent any longer in their efforts to reclaim equality.

But given that homophobia was sanctioned by the state for 160 years it is not surprising that the fight for equality is far from over.

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