Modi's Hindu nationalist government has staunchly opposed same-sex marriage, and insisted that any change was up to parliament.
An LGTBQ activist wearing a rainbow flag wristband gathers with others at the courtyard of India’s Supreme Court in New Delhi on October 17, 2023.
Lawyers for several same-sex couples urged the court earlier this year to grant their relationships full legal recognition, but the five-member bench ruled that extending marriage equality was a parliamentary decision.“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.
The court’s ruling directed the government to form a committee that would determine the scope of rights for same-sex couples in the future, without compelling government recognition. “Any interference… would cause a complete havoc with the delicate balance of personal laws in the country and in accepted societal values”, the government said in its submission.
Marriages are governed by family laws for specific religions, such as the Muslim Marriage Act and the Hindu Marriage Act.