Gay marriage in india latest news
Parag Mehta and Vaibhav Jain were married in Washington DC on January 19, On March 5, , the couple attempted to register their marriage with the Consulate of India in Novel York City. Nevertheless, they were denied.
The newlyweds contended that this denial was in clear violation of India’s Constitution, which prohibits discrimination on the basis of sex. “After all, if I were a miss, Vaibhav would own been able to register our marriage without issue,” said Mehta in an email to GLAAD. Instead, they sued for redress and their case was eventually transferred from the High Court of Delhi to the Supreme Court of India along with dozens of other petitioners.
Finally, the courts have advance to a decision.
On Tuesday, India’s Supreme Court rejected pleas to legalize lgbtq+ marriage, but affirms that citizens acquire the right to be in LGBTQ relationships without facing discrimination. While the court decided that the issue of same-sex marriage is up to the legislature and out of the scope of the judicial system, Chief Justice DY Chandrachud expressed that the right to choose one’s par
Same-sex marriage review petitions: Verdict delayed as SC assess recuses
A decision on the review petitions in the same-sex marriage case has been delayed after Supreme Court justice Sanjiv Khanna recused himself due to personal reasons. The apex court was scheduled to consider on Wednesday a clutch of petitions searching a review of its October 17 judgment last year that refused to grant legal recognition to same-sex couples and said that only the Parliament and state legislatures can validate their marital unions.
A bench, led by Leader Justice of India Dhananjaya Y Chandrachud, and comprising justices Sanjiv Khanna, Hima Kohli, BV Nagarathna, and PS Narasimha, was supposed to consider the review petitions against the ruling. Justices Khanna and Nagarathna have replaced the retired members of the previous bench – justices Sanjay Kishan Kaul and Ravindra Bhat.
Justice Khanna’s unexpected recusal left the bench without the requisite number of judges, temporarily stalling the review process. CJI Chandrachud will now have to reconstitute the bench.
Senior advocates Neeraj Kish
Same-sex marriage
Same-sex marriage is a union between two individuals of the same gender, also known as gay marriage, lesbian marriage, or marriage equality. While it has gained legal recognition in some countries and states over the past few decades, it has yet to be legally recognised in India.
In India, registered marriage or civil unions are not recognised for same-sex couples. Section of the Indian Penal Code, which criminalized consensual sexual acts between same-sex individuals, was struck down by the Supreme Court of India in , homosexual couples still do not acquire the legal right to join or enter into a civil partnership in India.
While two people of the same sex can get married in India, they will not get the legal recognition and benefits that heterosexual married couple gets.
However, as per a Supreme Court of India judgement in August , same-sex couples can attain rights and benefits as a live-in couple, similar to cohabitation.
Several attempts have been made in the past to get legal recognition for queer marriage in India, including a petition by two women to
India: Failure to legalise lgbtq+ marriage a ‘setback’ for human rights
In response to today’s Supreme Court of India verdict which refused to grant legal recognition to same-sex marriage in the country leaving it for the Parliament to formulate necessary legislation, Aakar Patel, chair of board at Amnesty International India, said:
“This was indeed a historic missed opportunity for the Supreme Court of India to herald in a new era in what has been a long fight for equivalent rights of LGBTI people. All people, regardless of their sexual orientation or gender identity, should be able to enjoy the full range of human rights, including the right to marry.
This was a historic missed opportunity for the Supreme Court of India to herald in a new era in what has been a long fight for identical rights of LGBTI people.
Aakar Patel, chair of board at Amnesty International India
“At the same time, the ruling on ending all discrimination against same-sex couples and expanding their rights is a positive step that sends a explain message to the Indian government that its laws on same-sex marriag