Will India Become a 'Top Country for Same-Sex Marriage'? Legal Recognition Decision Coming Soon

Indian Court to Decide on Approval by 17th
Indian Government Opposes... Inevitable

As the Indian Supreme Court prepares to decide on the legal recognition of same-sex marriage, demands from the LGBTQ community to allow it are intensifying, while the Indian government is showing a clear opposition, making social turmoil inevitable.

Participants of the 'Delhi Queer Pride Parade' held in New Delhi, India, on the 9th.
[Photo by Yonhap News]

According to a report by Bloomberg on the 16th (local time), the Indian Supreme Court will decide on the legal recognition of same-sex marriage on the 17th.

The Indian courts have generally issued relatively lenient rulings regarding homosexuality. Before 2018, Section 377 of the Penal Code criminalized homosexual acts, punishable by up to 10 years in prison. However, the Indian Supreme Court later declared that consensual relationships between adults, including homosexuality, are all legal, partially ruling Section 377 unconstitutional. In 2022, the definition of family under the law was expanded to include same-sex couples.

The petitioners in this case are mostly sexual minorities. They argue that the Indian Constitution guarantees equality and are raising their voices for the recognition of same-sex marriage.

If same-sex marriage is legally recognized in India, various institutional benefits granted to opposite-sex couples, such as adoption, will become available to same-sex couples as well.

Currently, there are about 30 countries worldwide that allow same-sex marriage, with only Taiwan and Nepal in Asia. If the Indian Supreme Court permits same-sex marriage, India is expected to become the country with the largest population recognizing same-sex marriage.

However, the Indian government is taking a hardline stance against same-sex marriage.

The Indian government expressed regret to the Supreme Court, stating, "Sexual relations between same-sex couples cannot be compared to the concept of the family unit in India," and "The court does not have the authority to request changes to the country's legislative policy deeply embedded in religious and social norms."

Earlier in June, outside the New Delhi Supreme Court building, right-wing Hindus held protests opposing the recognition of same-sex marriage.

This content was produced with the assistance of AI translation services.