The Bar Council of India (BCI) recently passed a resolution opposing the recognition of same-sex marriage in India. However, Justice DY Chandrachud of the Supreme Court has raised concerns about the issue of same-sex marriage, emphasizing that it is not just a legal issue but also a matter of human rights.
During a hearing on “marriage equality rights for the LGBTQI+ community,” Justice Chandrachud noted that the Constitution guarantees every individual the right to choose a partner, regardless of gender. He stated that marriage is a significant expression of love and companionship, and the court must ensure that individuals’ constitutional rights are protected.Various petitions seeking legal recognition of same-sex marriage are being considered by the Supreme Court. The Centre has opposed the petitions, with one petitioner highlighting the absence of a legal framework allowing LGBTQ+ individuals to marry any person of their choice.
According to a survey conducted by the Indian Institute of Public Opinion in 2021, 55% of respondents believed that homosexuality is “morally unacceptable,” and 43% said they would be uncomfortable with an LGBTQ+ neighbor. Houwever, despite these numbers, a growing number of individuals and organizations are calling for the recognition of same-sex marriage as a matter of basic human rights.While the BCI argues that the vast majority of people in the country oppose same-sex marriage, many have pointed out that human rights must be protected regardless of popular opinion. The court’s decision will be eagerly awaited by all those fighting for equality and justice for the LGBTQ+ community
The case is expected to have significant implications for the LGBTQ+ community in India, and the court’s decision will impact the rights and freedoms of all individuals in the country. As Justice Chandrachud noted, the issue at hand is not just a legal one but a deeply human one, and the court must ensure that every individual’s rights and dignity are protected.