Supreme Court’s Verdict on Same-Sex Marriage – A Step Forward or an Incomplete Justice?

The Supreme Court of India recently refused to grant legal recognition to same-sex marriages, stating that it is a matter for Parliament to decide. This decision has sparked debates on social justice, constitutional rights, and the future of the LGBTQIA+ community in India. Is this ruling a step forward in safeguarding rights, or does it leave the journey to equality incomplete?

The Court’s Stance and Its Limitations

The Supreme Court asserted that the right to marry is not a fundamental right. While acknowledging the LGBTQIA+ community’s right to live with dignity, it stopped short of including marriage within their constitutional entitlements.

This raises a fundamental question: If equality and dignity are core principles of the Constitution, why is marriage—an essential social institution—excluded from these rights? Is this a cautious approach to avoid societal backlash, or does it reflect a gap in judicial activism?

Role of the Government and Society

The central government argued that marriage is a socio-cultural institution rooted in tradition and that redefining it falls within Parliament’s purview. This is a valid argument, but history has shown that Indian society has embraced progressive reforms over time. Practices like Sati, child marriage, and dowry have been abolished through legal intervention and social reform. Isn’t it time to extend similar progressiveness to the LGBTQIA+ community?

Economic and Social Impact

Granting legal recognition to same-sex marriages would not only empower individual lives but also have broader economic and social implications:

Economic Benefits: Equal rights to property, tax benefits, and inheritance would create a fairer system.

Social Acceptance: Legal recognition would strengthen the community’s identity and self-respect, fostering greater inclusion.

The Way Forward

The onus now lies on Parliament to act decisively:

Amendments to the Special Marriage Act are essential to include same-sex couples.

Policies must be established to ensure equal spousal rights, social security, and legal identity for LGBTQIA+ individuals.

Conclusion

The Supreme Court’s decision on same-sex marriage is an incomplete step, but it is not without merit. By calling for the protection of the LGBTQIA+ community’s rights, the Court has initiated a critical conversation. It is now up to society and the legislature to transform this dialogue into tangible progress toward equality and justice for all.

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