India’s Supreme Court has failed to legalise same-sex marriage.
Gatekeepers News reports that the court, while stating that it does not have the power to do so, accepted the government’s offer to set up a panel to consider granting social and legal rights and benefits to same-sex couples.
The India Apex court had heard 21 petitions in April and May from same-sex couples and activists who said that not being able to marry made them “second-class citizens”.
This ruling will dash the hopes of India’s LGBTQ+ population, believed to number in the tens of millions.
Meanwhile, the government and religious leaders had strongly opposed same-sex unions, saying they were against Indian culture.
While the overall judgement has disappointed many LGBTQ+ activists, a point that gave some joy was the judges’ comments on homosexuality not being an urban or elitist concept.
Saravanan and his partner Kaviyarasan, who now live in the southern city of Chennai, grew up in small villages.
They told BBC, “Our sexual orientation has nothing to do with our backgrounds.”
They noted that there are thousands of LGBTQ+ couples in rural India who are afraid to come out to their families because of conservative attitudes towards sex and sexuality.
They further hope the government, while considering the court’s recommendations, would also include lessons in schools to educate people about the LGBTQ+ community.
They said, “This would help develop a safe environment for all of us.”
Meanwhile, same-sex marriage petitioners have expressed both disappointment and hope after court judgement.
Same-sex marriage petitioners express both disappointment and hope after court judgement.
Abhay Dang and Supriyo Chakraborty are two of more than a dozen petitioners who wanted same-sex marriages to become legal.
According to them, today’s judgement has disappointed them but they are not giving up the fight.
