The Supreme Court will start hearing arguments about the legality of same-sex marriage in India, today, 18 April . A number of petitions will be heard by the five-judge constitution bench of the supreme court since it is a "seminal" issue of major significance.
The national government opposes gay marriage and claims that Parliament should enact legislation rather than have the courts rule on the issue. The central government, led by Prime Minister Narendra Modi, reaffirmed that making decisions about matters involving human relations, including as marriage, is "essentially a legislative function."
While India decriminalised homosexuality in 2018, the LGBTQ community has not yet been granted family rights.
The court case will soon begin, and everyone will be watching it intently because if the Supreme Court rules in favour of marriage equality, India will become the largest democracy in the world to do so.
The Central government's opposition to same-sex marriage has also received support from the Rashtriya Swayamsevak Sangh (RSS). According to the RSS, such marriage should only happen between people who identify as the opposite gender.
The Indian Psychiatric Society (IPS) has increased its backing for same-sex unions, adoption, and equal rights in India.
The IPS, a national organisation of psychiatrists with about 8,000 members, reaffirmed in its statement that homosexuality is a variation of normal sexuality and not a disease and that members of the LGBTQIA+ community should be treated equally with other Indian citizens.
On the grounds that they forbid same-sex couples from getting married, the petitioners have contested the validity of relevant provisions of the Hindu Marriage Act, Foreign Marriage Act, Special Marriage Act, and other marriage legislation.
At least 15 petitions for legal recognition of same-sex marriages throughout the nation have been filed with the Supreme Court.
The Central government has supported its claim that the court's petitions show "urban elitist views for the purpose of social acceptance."
The petitions that were referred to a larger bench for an authoritative ruling on March 13 will be heard by a bench consisting of Chief Justice D Y Chandrachud, judges S K Kaul, S Ravindra Bhat, P S Narasimha, and Hima Kohli.
A five-judge SC Constitution panel will begin hearing applications for the formal recognition of same-sex unions.
Why is the Central Government seeking a reply from the Supreme Court on gay marriage?