Same-Sex Marriage and the Supreme Court in India

Homosexuality has been a taboo in Indian society. In past year so much has changed on this topic. Homosexuality, which has been considered an offence in earlier times, has becoming a popular debate among all. Homosexuality is still a crime in India but there are other countries like U.S where it is legalized.

The ministry of home affairs expressed its opposition to the decriminalization of homosexuality on 23 Feb 2012. On 11 Dec 2013, the bench of justices opined that a debate should be done to decide on the matter. On January 2014, the bench in Supreme court stated that “While reading down Section 377, the High Court overlooked that a minuscule fraction of the country’s population constitutes lesbians, gays, bisexuals or transgender people, and in the more than 150 years past, less than 200 persons have been prosecuted for committing offence under Section 377, and this cannot be made a sound basis for declaring that Section ultra vires Articles 14, 15 and 21.”

However, human right groups expressed their concerns, saying “The Supreme Court’s ruling is a disappointing setback to human dignity, and the basic rights to privacy and non-discrimination”[16] The Naz Foundation (India) Trust stated that it would file a petition for review of the court’s decision.

Same sex marriages are not legal in India. But there are cases appear where homosexuals got married. Now question arises that is it crime to love according to one’s on wish? Well, debate on this topic is never-ending.. To Know more about the topic you can contact us or visit our website