NEW DELHI, India– India's top court refused on Tuesday to legalise same-sex marriages but said the country had a duty to acknowledge LGBTQ relationships and to protect them from discrimination.
LGTBQ activist and petitioner for same sex-marriages Shivangi Sharma speaks with the media at the courtyard of India’s Supreme Court in New Delhi on October 17, 2023. India's top court ruled on October 17 it did not have the power to legalise same-sex marriages and said any reform to that effect would have to come from parliament.
"It lies within the domain of parliament and state legislatures to determine the law on marriage," Supreme Court Chief Justice D.Y. Chandrachud said during his verdict. Chandrachud added that India still had a duty to acknowledge same-sex relationships and protect those in them from discrimination. The verdict was greeted with sadness and disappointment by a crowd gathered outside the court who had hoped to celebrate India becoming the second Asian jurisdiction after Taiwan to legalise same-sex marriages."This has been going on for years, we have been struggling for legal recognition," he added."We have to remain strong and continue our fight."
"Living together as partners and having sexual relationship by same sex individuals... is not comparable with the Indian family unit concept of a husband, a wife and children", it added. Marriages are governed by family laws for specific religions, such as the Muslim Marriage Act and the Hindu Marriage Act.
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