The World Briefly

March 15, 2023

Family Valuations

India

Listen to Today's Edition

The Indian government expressed its formal opposition to same-sex marriage in a key Supreme Court case this week, in what observers have described as the clearest statement by the country’s ruling Hindu nationalist party on an issue that has been increasingly debated in Indian society, the Washington Post reported.

The government relayed its official stance in an affidavit, where it explained that such unions would cause “complete havoc” in India.

Officials said the notion of marriage “necessarily and inevitably presupposes a union between two persons of the opposite sex,” and hinted that same-sex marriage was a Western concept that would be incompatible with traditional Indian values.

The government added that the issue of same-sex marriage should be debated and legislated upon in parliament, not in the courts.

The move comes as India’s top court is preparing to hear dozens of petitions filed by same-sex couples demanding marital rights. Next month’s hearings come nearly five years after the Supreme Court overturned a colonial-era law that criminalized consensual gay sex.

At the same time, members of the ruling Bharatiya Janata Party – as well as other right-leaning politicians and influential organizations in the country – have increasingly offered mixed or even supportive messages on LGBTQ rights.

If the Supreme Court legalizes same-sex marriage, India will become the second Asian country to do so, after Taiwan. Based on the judges’ comments thus far, legal observers and attorneys believe the top court will rule in favor of the same-sex plaintiffs.

This story originally appeared in the March 15, 2023 newsletter, Call Me.