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India’s Supreme Court made history on October 17, 2023 when they passed an unprecedented order legalizing same-sex marriage nationwide by overturning all provisions from Special Marriage Act, Hindu Marriage Act and Foreign Marriage Act that discriminate against couples who identify as gay or bisexual couples.
India’s LGBTQIA+ community was deeply touched by India’s landmark decision, signaling a triumphant milestone in their fight for equal treatment and dignity. Additionally, this signified a major achievement by India as it affirms everyone regardless of gender identity or sexual orientation is entitled to being treated with equal regard and dignity.
Case that led to Supreme Court verdict was brought forward by an alliance of gay couples and LGBTQIA+ activists, alleging that existing laws for marriage in India violate their constitutionally guaranteed equality rights and equal treatment rights.
Government officials as well as some religious groups opposed the petitioners and their arguments, saying a marriage between two individuals does not accord with Indian customs and traditions and may lead to negative implications in society, including encouraging prostitution and weakening marriage contracts.
The Court’s Verdict
In its ruling, India’s Supreme Court rejected arguments presented by religious and government groups regarding marriage laws for gay couples to be in India as being discriminatory and violative of fundamental human rights.
The Court emphasized that marriage should apply equally to heterosexual and homosexual couples alike and acknowledged their right to form families as any other couple would.
Significance of the Verdict
The Supreme Court decision regarding marriage between sexes marks an historic triumph for India’s LGBTQIAand community and an essential step toward full inclusion and dignity for all persons regardless of their identity or sexual orientation.
India’s decision could bring positive ramifications for same-sex couples living together legally in India. They could benefit from all the rights associated with being legally married such as sharing ownership of properties together or adopting children from each other and inheriting from each other.
This decision will also play an important part in ending discrimination against similar-sex couples within society, by sending a clear signal that gay relationships deserve just as much consideration and respect as heterosexual ones.
While this Supreme Court’s decision represents an overwhelming win for LGBTQIA+ people, implementation may present several hurdles and difficulties for government to navigate. Changes will need to be implemented quickly so gay couples may enjoy all benefits associated with marriage such as rights.
Another difficulty lies with changing social norms around same-sex relationships. Even after Supreme Court’s ruling there remains plenty of discrimination towards gay couples across Indian society; changing these views takes time and dedication.
The Supreme Court ruling on same-sex marriage marks an immense triumph for India’s LGBTQIA+ community and serves as an affirmation that everyone deserves to be treated with equal regard and dignity regardless of gender identity or sexual orientation.
Indian courts’ decision could bring benefits for couples that identify as same-sex. Now they will have access to legal marriage and all its rights and advantages; plus this decision should help decrease discrimination against identical couples within society.
Though there remain issues that need resolving, India’s Supreme Court’s ruling represents a victory for India’s LGBTQIA+ community and shows progress being made overall in India.