Its Progression not Regression - Key Take-Aways of Same Sex Marriage Verdict

The Indian Supreme Court on September 6, 2018, ruled that Section 377 of the Indian Penal Code (IPC), which criminalised same-sex sexual activity, was unconstitutional. The court ruled that the section was violative of Articles 14, 15 and 21 of the Constitution, which guarantee equality, prohibition of discrimination and the right to life and personal liberty.

The court's decision was a landmark victory for the LGBTQ+ community in India and was widely welcomed by human rights activists and legal experts. The verdict was also seen as a progressive step forward for India's democracy and its commitment to human rights.

However, the latest verdict was not taken well my a miniscule portion of the population as the Judgment did not legalise same-sex marriage in India. While the State and Union made submissions on lines of not being obliged to give legal recognition to non-heterosexual couples, the court held that the right to marry was not a fundamental right under the Constitution. However, the court did leave the door open for the government or Parliament to legalise same-sex marriage in the future.

This is only fair as the courts can only amend or interpret laws but not put words in to the statute to a concept that barely exists and need to be considered including the legal framework, social context and religious beliefs of the population.

It is important to have a respectful and open dialogue on this issue in order to find a solution that is acceptable to all.

What does the Ruling mean?

The ruling means that Indians will now be free to engage in same-sex relationships, assured of constitutional protection. But marrying someone of the same sex remains forbidden. Transgenders were always allowed to marry under applicable personal laws.

The ruling also means that LGBTQ people can now engage in relationships without fear of legal repercussions. However, denied marriage rights, they have no legal status in terms of family matters, like succession, inheritance or even hospital visitation rights.

This definately is progression not regression.