Two same-sex couples seek recognition of same-sex marriage from India Supreme Court
Two queer Indian couples have sought the recognition of same-sex marriage through the Supreme Court.
The Supreme Court heard petitions from same-sex couples on Friday (25 November) arguing that same-sex marriage should be recognised under the country’s Special Marriage Act.
The lead petition, filed by couple Supriyo Chakraborty and Abhay Dange, states that the right to marry should extend to LGBTQ+ citizens.
Currently, India does not recognise same-sex marriage but acknowledges the right of what’s known as an “unregistered cohabitation.”
This means that the couple can’t currently obtain the same rights as married couples such as the right to adopt.
The couple has argued that, since the Supreme Court protects the right of inter-faith couples to marry a person of their choice, that should extend to LGBTQ+ marriages.
They added that the ability to marry has implications for their own personal liberty and financial matters, meaning that barring them from such legal rights would be an affront to their right to equality.
Chief justice D.Y. Chandrachud, who is presiding over the case, has given the government four weeks to take a stance on the issue.
The second petition, filed by Parth Phiroze Mehrotra and Uday Raj, has argued barring LGBTQ+ couples from the ability to marry is a violation of Article 14 and Article 21 of the constitution.
“If the petitioners, as a same-sex couple, enjoyed access to the civil institution of marriage, they would no face untold practical difficulties, both vis-a-vis each other and their children,” the plea read.
“The denial of the fundamental right of marriage to persons like the petitioners is a complete violation of constitutional law.”
Both Chakraborty and Dange gained national attention after hosting a wedding ceremony in 2021, which is believed to be the first in the region of Telangana.
Celebrating in their hometown of Hyderabad, the two exchanged vows while celebrating with friends and family.
Various users on Twitter celebrated the couple’s ceremonial representation of their love, while also lamenting that same-sex marriage was still off the cards for the pair.
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