“Marriage is a Socio-Legal Institution Falling Under Legislative Domain” Says SG At Supreme Court

New Delhi: The Supreme Court of India began hearings in a crucial case on Tuesday, which might lead to legalizing same-sex unions in the country. Starting at 11 a.m., the public could watch the hearing live online. The national government claimed in court that marriage has always been understood in India as a union between men and women.

The court’s five judges are reviewing multiple petitions requesting that the country recognize same-sex unions. According to the petitioners, the exclusion of same-sex couples from the institution of marriage infringed their constitutional rights, and the ability to choose a spouse is a fundamental right granted by the Indian Constitution.

The federal government argued that while it recognizes the right to a dignified existence and the freedom of choice, marriage has always been considered in India to be a union of a man and a woman. The government also maintained that Parliament, not the judiciary, should decide to recognize same-sex marriage.

The Supreme Court hearing occurs when violence and discrimination against India’s LGBTQ+ community are rising. In 2018, the Supreme Court repealed the nation’s anti-homosexuality laws. However, same-sex couples are still forbidden from marrying.

If the Supreme Court rules in favor of the petitioners, the LGBTQ+ population in India will take a big step toward equality. The court’s decision may have ramifications for the region’s other nations where same-sex marriage are still illegal.