On April 18, 2023, India’s Supreme Court began hearing a batch of petitions challenging the constitutional validity of Section 377 of the Indian Penal Code, which criminalizes same-sex sexual activity. The hearing, which is still ongoing, has been historic, with both sides presenting powerful arguments for and against same sex marriage.
Here are some of the key moments from the hearing so far:
- Day 1: The hearing began with a statement from the Chief Justice of India, D.Y. Chandrachud, who said that the court would consider the petitions with an “open mind.” He also stressed the importance of the principle of equality before the law.
- Day 2: The petitioners’ lawyers argued that Section 377 is discriminatory and violates the fundamental rights of LGBTQ+ people. They also pointed out that the law is outdated and has no place in modern India.
- Day 3: The government’s lawyers argued that Section 377 is necessary to protect public morality and traditional values. They also claimed that marriage is not a fundamental right.
- Day 4: The court heard from a number of experts, including sociologists, historians, and legal scholars. The experts spoke about the impact of Section 377 on LGBTQ+ people and the importance of same sex marriage.
- Day 5: The hearing concluded with the court reserving its judgment. The court is expected to deliver its verdict in the coming weeks or months.
Same Sex Marriage in India
Same sex marriage in India is currently not legal. Section 377 of the Indian Penal Code criminalizes sexual activity between persons of the same sex. The law was originally enacted by the British in the 19th century, and it has been used to persecute LGBTQ+ people for decades.
In 2009, the Delhi High Court ruled that Section 377 is unconstitutional insofar as it applies to consensual sexual activity between adults. However, the Supreme Court overturned this ruling in 2013.
In 2018, the Supreme Court partially decriminalized Section 377, ruling that it does not apply to consensual sexual activity between two adults of the same sex. However, the court did not address the question of same-sex marriage.
Same-Sex Marriage Hearing
The current same sex marriage hearing is being held in response to a number of petitions challenging the constitutional validity of Section 377. The petitioners argue that the law is discriminatory and violates the fundamental rights of LGBTQ+ people. They also point out that the law is outdated and has no place in modern India.
The government, on the other hand, has argued that Section 377 is necessary to protect public morality and traditional values. The government has also claimed that same-sex marriage is not a fundamental right.
Same Sex Marriage Supreme Court
The Supreme Court of India is the highest court in the country. It has the power to interpret the Indian Constitution and strike down laws that it finds to be unconstitutional.
The court’s decision on the same-sex marriage hearing is highly anticipated. If the court rules in favor of the petitioners, it would be a major victory for LGBTQ+ rights in India. It would also send a strong message that India is a country that values equality and inclusion.
Impact of the Hearing
The same-sex marriage hearing has already had a significant impact in India. It has raised awareness of LGBTQ+ issues and sparked a national conversation about same-sex marriage.
The hearing has also given hope to LGBTQ+ people in India, who have long been denied their fundamental rights. If the court rules in favor of the petitioners, it would be a life-changing moment for many people.
Conclusion
The same-sex marriage hearing is a historic moment for India. It is an opportunity for the Supreme Court to affirm the fundamental rights of LGBTQ+ people and to send a message that India is a country that values equality and inclusion.
The hearing is also significant in the global context. If the Supreme Court rules in favor of same-sex marriage, it would be a major victory for LGBTQ+ rights around the world.
