When US President Joe Biden signed the historic legislation safeguarding same-sex marriage into law on December 13, 2022, it was a turning point. On December 14, 2022, the Supreme Court of India sent a notice to the Center on another request for same-sex marriage legalization in India.




The transfer petition filed on November 25 by Kavita Arora and Ankita Khanna, both of Delhi, with regard to a related matter, made clear that it would be in the interests of the Judiciary to adjudicate at one place seeking a plea to be transferred to the Supreme Court.

An additional appeal from an Indian national seeking to register their marriage in India was also given notice by the bench led by Chief Justice of India Dhananjaya Y. Chandrachud. The petitioner was an Indian national who had married a US citizen in the US in June 2014.

As I noted earlier on November 25, the Supreme Court sent notices to the Union Government and Attorney General of India regarding the arguments supporting the legal recognition of same-sex marriages.

Affirming sexual autonomy as a basic right, the Supreme Court decriminalized Section 377 in 2018, allowing homosexuals to engage in consenting sex in a private setting. The Delhi High Court responded to the PIL for marriage registration under the Hindu Marriage Act in February 2021. "The personal, private sphere of individuals is related to the right to privacy and cannot encompass a public right in the type of recognition of same-sex marriage and thereby legitimize unique human behavior," the center declared. Furthermore, regulations must take into account "societal ideals" and "national acceptability." 

One of the petitions submitted by a couple challenged the denial of the fundamental rights of the LGBQT+ individual to have the same rights as their heterosexual counterparts."The exercise of which needs to be shielded from the disdain of legislative and popular majorities," the couple stated.

The Supreme Court has stated that the Indian Constitution's Articles 14, 19, and 21 are "guaranteed to LGBT and non-LGBT Indians with equal force," and petitions have been submitted calling for the Special Marriage Act to recognize same-sex marriages.

In the US, President Joe Biden just signed the historic same-sex marriage measure enacted by Congress, creating the Respect for Marriage Act, which forbids state and federal governments from citing a married couple's "sex, race, national origin, or ethnicity" as a justification for denying them constitutional rights or protections.

We can anticipate India joining the fabricated legalization of same-sex marriage once the Supreme Court assumes control.

Author: Swetha Gunasekaran Advocate