Supereme court Verdict about LGBTQ+ community

The Supreme Court of India, on October 17, 2023, Tuesday issued a landmark verdict on LGBTQ rights.

In a 3-2 majority decision, the court ruled that same-sex marriage is not a fundamental right under the Indian Constitution. However, the court also held that same-sex couples are entitled to all other fundamental rights, including the right to equality, life and liberty, dignity, free speech and expression, and the right to form and maintain relationships.

The court also declined to recognize civil unions for same-sex couples. However, the court left it open to the Parliament to legislate on the issue of same-sex marriage.

The verdict was met with mixed reactions. LGBTQ rights activists expressed disappointment that the court did not recognize same-sex marriage. However, they also welcomed the court’s recognition of the fundamental rights of same-sex couples.

The verdict is a significant step forward for LGBTQ rights in India. It is the first time that the Supreme Court has recognized the fundamental rights of same-sex couples. The verdict is likely to lead to greater social acceptance of LGBTQ people in India

The Key Excerpts From The Verdict

The Supreme Court verdict on LGBTQ rights is 366 pages long. Here are some excerpts from the verdict.

“The right to marry a person of one’s choice is a fundamental right under the Constitution of India. However, the right to same-sex marriage is not a fundamental right.”

“Same-sex couples are entitled to all other fundamental rights, including the right to equality, life and liberty, dignity, free speech and expression, and the right to form and maintain relationships.”

“The denial of same-sex marriage does not violate the right to equality.”

“The Parliament is free to legislate on the issue of same-sex marriage.”

“The Supreme Court will not strike down any law passed by the Parliament on the issue of same-sex marriage.”

The verdict also includes a detailed discussion of the history of LGBTQ rights in India and around the world. The court also discusses the arguments for and against same-sex marriage.

Implications Of The Verdict:

The verdict is a significant step forward for LGBTQ rights in India. It is the first time that the Supreme Court has recognized the fundamental rights of same-sex couples. The verdict is likely to lead to greater social acceptance of LGBTQ people in India.

The verdict is also likely to lead to increased litigation on LGBTQ rights issues. For example, LGBTQ rights activists may challenge laws that discriminate against same-sex couples. The verdict may also lead to challenges to the Indian Penal Code’s Section 377, which criminalizes “unnatural offenses.”

The verdict is a positive development for LGBTQ rights in India. However, it is important to note that the verdict does not recognize same-sex marriage. The verdict leaves it open to the Parliament to legislate on the issue of same-sex marriage. It remains to be seen whether the Parliament will pass a law recognizing same-sex marriage.

Conclusion:

The Indian Supreme Court verdict on LGBTQ rights is a significant step forward for LGBTQ rights in India. The verdict is likely to lead to greater social acceptance of LGBTQ people in India. The verdict is also likely to lead to increased litigation on LGBTQ rights issues.