The Indian Supreme Court has refused to legalize gay marriage in a ruling announced Tuesday morning, arguing the decision is political and, therefore, an issue for the nation’s parliament.
Five Supreme Court judges initially heard the legal arguments between April and May this year, with the verdict reached on a three to two split decision. The Chief Justice of India, D.Y. Chandrachud, stated there was a degree of “agreement and disagreement on how far we have to go” on the issue.
“The court, in the exercise of the power of judicial review, must steer clear of matters, particularly those impinging on policy, which fall in the legislative domain,” Chief Justice Chandrachud added.
Civil union for gay couples was also rejected by the court in another split decision, with the majority once again ruling that it was an issue for parliament to consider. India decriminalized homosexuality in 2018.
It is unlikely that the Indian parliament will support gay marriage, however, as the nation’s Narendra Modi-led government wrote a statement to the court arguing, “Living together as partners and having sexual relationship by same-sex individuals… is not comparable with the Indian family unit concept of a husband, a wife, and children.”
Fewer than 40 countries across the world permit gay marriage, including only two countries in Asia – Taiwan and Nepal. Thailand and South Korea, however, are currently considering the move.
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