Supreme Court Rejects Review Petitions on Queer Marriages
The Supreme Court of India has dismissed review petitions challenging its earlier decision to not legally recognize same-sex marriages. The petitions, filed by LGBTQ+ rights activists and advocacy groups, sought a reconsideration of the court’s ruling, which had denied legal validation to queer marriages while recognizing other rights of same-sex couples.
Dismissal of Petitions
The Supreme Court, in a detailed order, dismissed the review petitions, stating that there were no substantial grounds for reconsideration of its previous judgment. The apex court emphasized that the legislative framework for the recognition of queer marriages falls under the purview of Parliament and not the judiciary.
This decision comes after a landmark judgment earlier this year, where the Supreme Court upheld the rights of LGBTQ+ individuals in various aspects of life but refrained from extending legal recognition to same-sex marriages.
Advocacy Groups Express Disappointment
The dismissal of the review petitions has sparked disappointment among LGBTQ+ rights activists and organizations. Advocates for marriage equality argue that denying legal recognition to same-sex unions perpetuates social stigma and deprives queer couples of legal and financial benefits available to heterosexual married couples.
“We respect the judiciary but are deeply disappointed. Marriage equality is about dignity, rights, and societal acceptance,” said a representative from a leading LGBTQ+ advocacy group.
Government’s Stand
The central government had previously opposed the legalization of same-sex marriages, citing societal norms and traditions. It argued that marriage in India is deeply rooted in the cultural framework, which predominantly recognizes heterosexual unions. The government’s position influenced the court’s earlier decision, which deferred the matter to the legislature for further deliberation.
Broader Implications
The Supreme Court’s decision to dismiss the review petitions highlights the ongoing challenges faced by the LGBTQ+ community in their fight for equality. While India has made strides in LGBTQ+ rights, including the decriminalization of Section 377, the absence of marriage equality continues to limit the community’s full acceptance and inclusion in society.
The Way Forward
Advocates for queer rights are now focusing their efforts on lobbying Parliament to introduce legislation that recognizes same-sex marriages. They are hopeful that sustained advocacy and public support will eventually lead to a more inclusive legal framework.
The dismissal of the review petitions underscores the complex interplay between societal norms, legal frameworks, and individual rights, leaving the future of marriage equality in India uncertain. For now, the LGBTQ+ community remains resolute in its fight for equal rights and recognition.
