We know that there are a lot of people out there that call themselves as belonging to a specific community or group of people that are different from others due to the fact that they are called as queer or have an attraction towards people from the same sex as opposed to the others that have an attraction towards their opposite sex. We can call this community as the LGBTQIA+ people because they have been recognized internationally as that. Now, there were a lot of petitions regarding this in the Indian Supreme Court which is the country’s top court. It is worth noting that when a judgement is given by a top court of any country, it is seen as a precedent based on which every other hearing will be conducted.
That is exactly what has been set by the Indian Supreme Court who have denied to legalize the same-sex marriage in the country saying that marriage is not a “fundamental” right and thus they can’t legalize it. Chief Justice of India’s top court said that “queerness is a “natural phenomenon,” and told the government to ensure the “queer community is not discriminated against because of their gender identity or sexual orientation.”
Justice Bhat from India said that the “right of LGBTQ couples to choose their partners was not contested, and they were entitled to celebrate their commitment to each other “in whichever way they wish within the social realm”. ”This does not extend the right to claim any legal entitlement to any legal status for the same union or relationship.” He added that “This court cannot within the judicial framework engage in this complex task, the state has to study the impact of these policies and entitlements,”
On the verdict, the queer community of India along with the petitioners said that “We were hopeful that it would go a little more positively,” and added that “We filed the petition with the hope that we’d leave with some rights. So, definitely disappointment but I don’t think we’ve taken any steps back.” Government lawyer Solicitor Tushar Mehta had earlier said that same-sex marriage is an “urban” and “elitist” concept.
