Supreme Court refuses to legalize same-sex marriage, disappoints the LGBTQIA+Community

Published Date: 18-10-2023 | 12:37 am

New Delhi : As the Supreme Court declines the legalization of same sex marriages the LGBTQIA+ community is left with disappointment and anger. Chief Justice of India DY Chandrachud along with Justices SK Kaul, SR Bhat, Hima Kohli and PS Narsimha gave a decision that “Court can’t make a law, can only interpret it”. The five judge bench has left it to the parliament now to change the Special Marriage Act.  Now the parliament would decide whether any law should be made on it or not.

Tanmay Singh and Gudiya same sex couple

We tried to reach to various same-sex couples to get their reactions on this SC decision. Tanmay Singh and Gudiya ( both girls) are in a relationship for years now.  They were waiting for years to get a verdict in favour of the same sex marriage but the Supreme Court’s decision of 17 October, no fundamental rights of same sex couple to marry have extremely disappointed them, Both girls of Darbhanga in Bihar know each other since school days.  While talking to FW correspondent Tanmay said “ I told my parents I have no interest in Boys, I like girls only but still they forcefully married me to a man who used to touch me, tried to have sex with me, but I resisted and finally told him one day that I have no interest in boys and wants divorce”. Gudiya is also happy with Tanmay and are staying in Gurgaon. If the Supreme Court’s decision would have been in favour of same sex couples, Gudiya and Tanmay would have married each other. Now Tanmay is left with no other option but to become a transman.   

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 Though the SC’s  decision on same sex have pleased many political parties like VHP, RSS  who believe legalizing same sex  marriage would distort the social fabric of the country, but has disappointed the queer community at large. The Congress party has not given any statement yet and BJP is also silent. The Communist party of India has shown disappointment. Various Bollywood celebs have also expressed their sadness over it.  Bollywood star and LGBT activist Celina Jaitley says she is let down by the verdict. “ LGBT community is only asking for rights that every other Indian citizen has, what’s wrong in it” I hope parliament would upgrade the Special Marriage Act, she said.  Athlete and Olympian Dutee Chand said she was hopeful that the centre would bring a law on same sex marriage as every individual has a right to live with the person he/she wants.  Reacting on SC decision, Film maker Onir says “we know many political parties are against it and now that the court has left it to the parliament so we know the answer”. There are many same sex couples who are living together for years, what they want was legal recognition says Actor singer Sushant Divgikr.

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