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Indian Supreme Court refuses to legalize same-sex marriage, defers decision to parliament
Sneha Soloman
Thursday, 19 Oct 2023
The Catholic Church has subsequently expressed its support for the current judgment, and the Church continues to believe that such links should not be acknowledged.
New Delhi :
The Indian Supreme Court has rejected same-sex partnerships and sent the matter to the national legislature. Marriage, the court held, is only a social institution, not a constitutionally protected right.
The court turned to a government-appointed panel to address the "human concerns" of same-sex couples. Five years have gone since the court's momentous decision overturning the nation's colonial-era restriction on same-sex unions.
Following a series of petitions submitted over the previous year, the bench under the leadership of Chief Justice D.Y. Chandrachud concluded its hearings and released its decision on October 17.
Justice Chandrachud underscored the court's restricted jurisdiction, saying it has the ability to interpret and execute existing laws but not to make new ones. Furthermore, he strongly refuted the government's argument that homosexuality is restricted to urban and elite populations.
In the legal ruling, two justices, Chandrachud and another, indicated support for the recognition of unions or civil unions between same-sex couples, while the other three did not.
The Catholic Church has subsequently expressed its support for the current judgment, and the Church continues to believe that such links should not be acknowledged.
Following the Supreme Court's emphasis that numerous Western countries have approved same-sex marriages, Kerala Catholic Bishops' Council (KCBC) spokesperson Father Jacob G. Palakkappilly stated that India should not follow suit because, unlike same-sex marriage, marriage is for reproduction, according to the Catholic Church.
Meanwhile, it was recommended that the commission include sociological, psychological, and emotional experts from the gay community, as well as look into the prospect of enabling same-sex couples to utilize bank accounts and annuities, which are presently unavailable to them.
Many Hindu, Muslim, Jain, Sikh, and Christian authorities oppose same-sex marriages, claiming that the institution of marriage is mainly designed for reproduction rather than leisure.
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