India (Commonwealth Union)_ This case is being closely watched by people across the country and beyond, as it has the potential to significantly alter the legal landscape regarding LGBT rights in India. In a recent filing to the Supreme Court, the Indian government expressed its opposition to the recognition of same-sex marriages and urged the court to dismiss the challenges to the current legal framework brought by LGBT couples. According to the filing, which has not been made public, the Ministry of Law believes that although there are diverse types of relationships in society, legal recognition of marriage is intended for heterosexual relationships, and the state has a valid interest in upholding this norm.
According to the ministry, “Living together as partners and having sexual relationships by same sex individuals … is not comparable with the Indian family unit concept of a husband, a wife, and children”. It added, “The court cannot be asked to change the entire legislative policy of the country deeply embedded in religious and societal norms”. After the government filed its response in court, one of the litigants in the ongoing case, businessman Uday Raj Anand, addressed the media saying, “As petitioners, we have received wide support from people from all walks of life, and it does not seem to me that most Indians feel injured by the thought of some loving families getting legal rights”.
In 2018, India’s highest court delivered a historic verdict by overturning a colonial-era law that criminalized homosexuality, thereby decriminalizing gay sex. The verdict brought hope and renewed energy to the movement, which had faced social stigma and discrimination for decades. The country is once again on the cusp of an important legal battle over LGBT rights. The ongoing case is regarded as another significant step towards advancing the rights of the LGBT community in the country. Several petitions, including those filed by homosexual couples, have been submitted to the court in recent months, requesting the recognition of same-sex marriages. This has set the stage for a legal confrontation with the government of Prime Minister Narendra Modi.
According to Onir’s, filmmaker and equal rights activist, Twitter statement, “Sad that their concept of ‘Indian’ is so non-inclusive and static that it does not want to evolve according to wider notions of human rights”. Acceptance of same-sex marriage in Asia lags behind that of the West, with some countries like Malaysia considering same-sex acts illegal. Taiwan was the first country in the region to accept same-sex unions. Singapore recently lifted its ban on gay sex, but still prohibits same-sex marriages. Among the Group of Seven nations, only Japan is the only nation that does not legally accept same-sex unions, despite broad public support for recognition.
In India, the subject of same-sex marriage remains sensitive due to social conservatism, and openly discussing homosexuality is considered offensive by the majority of the country’s 1.4 billion people. Recently, the issue has sparked emotions in the media and parliament, with a member of Modi’s ruling Hindu nationalist party urging the government to vehemently oppose petitions filed in the Supreme Court in December. According to LGBT activists, although the 2018 ruling acknowledged their constitutional rights, it is unfair that they still do not have legal protection for their unions, a fundamental right enjoyed by heterosexual married couples.
In a recent filing, the government asserted that the 2018 ruling does not imply the recognition of a fundamental legal right to same-sex marriage under the country’s laws. The government argued that the current legal system for marriage was designed solely to recognize the legal relationship of marriage between a man and a woman as husband and wife. The government maintained that any reforms to the legal structure concerning marriage should be handled by the elected parliament, rather than the court. The Supreme Court is scheduled to hear the cases on Monday.
