The Supreme Court of India today refused to give marriage equality rights to the LGBTQIA+ community in the country. The petitioners had sought some special provisions and amendments to the relevant legislation(s) dealing with marriage, inheritance, etc.
While refusing to give what some activists wanted, the SC made some progressive observations. "Queer is a natural phenomenon known to India for ages. It is neither urban nor elitist," the court said. "Transgender persons in heterosexual relationships have the right to marry under the existing laws including personal laws," the CJI DY Chandrachud declared.
It has also been held that the queer community can't be harassed, for example, by summoning them to the police station "solely to enquire about their sexual identity". All the same, the police should not force queer persons to return to their natal family.
Commenting on the development, senior journalist Aditya Raj Kaul wrote, "The SC refused to legally allow same-sex marriage in India. The ball is in the court of India’s parliament and government. Yet, the Supreme Court in its verdict has been humanitarian to allow live-in relations and adoptions for the LGBTQ community."
Adish Aggarwala, chairman of All India Bar Association, also welcomed the decision by the SC.
