More than four years after India’s top court struck down a colonial-era law that had made homosexuality a criminal offense, it will hear arguments in March on whether to legalize same-sex marriage.
If legalized, India would become the second economy in Asia after Taiwan to recognize same-sex marriage, a significant right for the country’s LGBTQ community more than four years after the top court decriminalized gay sex. A favorable ruling would also make India the biggest democracy with such rights for LGBTQ couples but run counter to the ruling Hindu nationalist government’s position, which opposes same-sex marriages.
In 2014, the court legally recognized non-binary or transgender persons as a “third gender” and three years later made an individual’s sexual orientation an essential attribute of their privacy. The historic ruling in 2018 that struck down a colonial-era law that had made gay sex punishable by up to 10 years in prison expanded constitutional rights for the gay community. The decision was seen as a landmark victory for gay rights, with one judge saying it would “pave the way for a better future.
Gay couples and LGBTQ activists argue that by refusing to recognize same-sex marriage, the government is depriving homosexual couples of their right to equality enshrined in the constitution and opportunities enjoyed by married heterosexual couples. Indian law restricts owning and inheriting property to LGBTQ individuals. Gay and lesbian couples are not allowed to have children born with the help of an Indian surrogate mother. And LGBTQ persons can only apply for adoption as single parents.
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