![]() Only one political party - the Communist Party of India - has openly supported marriage equality. There is little political support for same-sex marriage in India. Since the case for marriage equality involves a ‘substantial question of law pertaining to the interpretation of the constitution’ and will have a ‘ huge bearing on society’, the Supreme Court appointed five judges to a constitutional bench, led by Chief Justice of India DY Chandrachud. These pleas sought to challenge the 1955 Hindu Marriage Act, 1969 Foreign Marriage Act and 1954 Special Marriage Act. In what is being called an issue of ‘ seminal’ importance for the country, this debate has arguments from both sides, including whether the judiciary should have any role in the matter at all.įollowing the decriminalisation of homosexuality in 2018, several writ petitions seeking legal recognition for same-sex marriage were filed at the Supreme Court and the High Courts of Delhi and Kerala. On 18 April 2023, the Indian Supreme Court began hearing arguments in favour of marriage equality from members of the LGBTQ+ community. Economics, Politics and Public Policy in East Asia and the PacificĪuthors: Shreya Sharma and Karan Babbar, OP Jindal Global University
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