Will Indian Govt accept same Sex Marriage ???

The Supreme Court of India is set to hear arguments on legalizing same-sex marriage on March 13th, marking a significant moment in the country's journey towards LGBTQ+ rights. Although homosexuality was decriminalized in India in 2018

On 7 September 2018, a 5-judge constitutional bench of Supreme Court of India invalidated part of Section 377 of the Indian Penal Code, hence making homosexuality legal in India.

However the legal status of same sex marriages in India remains unclear with religious and governmental opposition.

Narendra Modi led govt stance on Saem Sex Marriage

Despite the legalization of homosexuality in India in 2018, the legal status of same-sex marriage in the country remains uncertain due to religious and governmental opposition. In fact, the Indian government, led by Prime Minister Narendra Modi, has reiterated its stance that same-sex marriage is incompatible with the Indian family unit, which it defines as comprising a husband, a wife, and children born from the union of a biological man and a biological woman. The government's position, outlined in a filing to the Supreme Court on Sunday, appears to be in stark contrast to the expanding rights LGBTQ+ people in India, as recognized by the apex court. The ongoing debate over same-sex marriage in India highlights the tension between tradition and progress in the country.

Legal status of same sex marriage in India

Marriages in India are governed by are strictly restricted to hetrosexual couples- a woman and a man. Tailored by India's several religious groups, marriages in India have been categorised under Hindu Marriage Act, Christian Marriage Act, Muslim Marriage Act, and Special Marriage Act.None of these pertain to marriage between same sex couple.

The legal status of same-sex marriage varies widely across the world, with 30 countries legalizing it by the end of 2022, primarily in Western Europe and the Americas. Only Taiwan has legalized same-sex marriage in Asia, and other countries in the region have taken conflicting approaches.

For instance, Hong Kong allows dependent visas for same-sex spouses of expatriate workers, while Thailand is moving towards recognition of civil unions. However, countries such as Indonesia and Singapore have recently become more restrictive towards LGBTQ+ rights, banning extra-marital sex and lifting a ban on sex between men, but blocking a path towards marriage equality.

A timeline- same sex marriage in India

In 2014, the Supreme Court of India laid the groundwork by giving legal recognition to non-binary or transgender persons as a “third gender."

In 2017, it strengthened the right to privacy, and also recognized sexual orientation as an essential attribute of an individual’s privacy and dignity.

In 2022, the apex court instituted protections for what it called “atypical" families. It’s a broad category that includes, for example, single parents, blended families or kinship relationships — and same-sex couples. The court said that such non-traditional manifestations of families are equally deserving of benefits under various social welfare legislation.

Countries where same sex marriage is legal

"Same-Sex Marriage Around the World: A Look at the 30 Countries Where It's Legal"

By the end of 2022, the institution of same sex marriage was legal in 30 countries all around the world. However, these are mostly countries in Western Europe and the Americas.

In Asia, only Taiwan allows same-sex marriage.

Everywhere else the approach to same sex marriage within the Asian diaspora is conflicted.

Other places have become more restrictive: Indonesia, which doesn’t recognize gay marriage, recently banned all extra-marital sex; Singapore’s parliament passed a law lifting a ban on sex between men but has blocked a path toward marriage equality.

If India’s court sanctions same-sex marriage, the country would supplant the US as the biggest democracy with such rights for LGBTQ couples.

A Bloomberg article has confirmed that Hong Kong doesn’t allow same-sex marriage at home but will grant dependent visas to same-sex spouses of expatriate workers .

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For Ex:Thailand is inching toward recognition for civil unions.

Conclusion, the fight for equal rights for the LGBTQ+ community in India is ongoing, and the upcoming hearing on same-sex marriage in the Supreme Court of India is a significant step in the right direction. With the court's previous rulings expanding protections for LGBTQ+ individuals, there is hope that same-sex marriage will be legalized in India, providing equal rights to the LGBTQ+ community and a crucial step towards building a more inclusive society.