On December 1, 2023, the Supreme Court of India delivered a landmark ruling recognizing same-sex marriage as a constitutional right. This decision marked a significant shift in Indian society, which has traditionally held conservative views on LGBTQ+ rights. The ruling came after years of advocacy from LGBTQ+ groups and allies, culminating in a series of petitions filed with the court seeking legal recognition of same-sex unions.
The bench, led by Chief Justice D.Y. Chandrachud, emphasized that the right to marry is fundamental to individual dignity and autonomy. In his judgment, Justice Chandrachud stated, “The right to love is a fundamental right, and it cannot be denied based on sexual orientation.” This affirmation of rights was seen as a victory not only for the LGBTQ+ community but also for broader human rights in India.
The ruling allows same-sex couples to enjoy legal benefits similar to those available to heterosexual couples, including inheritance rights, tax benefits, and the ability to adopt children. The decision was met with widespread celebrations across major cities in India, with pride parades and public gatherings organized to commemorate this historic moment.
However, the ruling also faced criticism from conservative factions within Indian society. Some religious groups expressed their disapproval, arguing that the traditional definition of marriage should be preserved. Despite this backlash, many activists hailed the decision as a crucial step toward equality and inclusivity.
This ruling is expected to influence future legislative discussions around LGBTQ+ rights in India. It sets a precedent for more comprehensive anti-discrimination laws and could inspire similar movements in other countries where same-sex marriage remains illegal or unrecognized.
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