India's top court steps closer to decide legal status of same-sex couples

In what is expected to be a major leap towards legal recognition of same-sex marriages in world's largest democracy, India's top court on Friday asked Prime Minister Narendra Modi's government to clear its stance on allowing same-sex marriages in the country.

The Supreme Court on Friday clubbed and transferred to itself all the petitions asking for the recognition of same-sex marriages. A number of such petitions were pending before various High courts all over the country that will now be heard by India's Supreme Court in New Delhi.

For legal status of same-sex marriages: What is the timeline?

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A Supreme Court bench composed of Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala has asked the Centre to file a reply to all the petitions asking for legal recognition of same-sex marriages by February 15.

Same-sex marriages in India: When will the Supreme Court hear the petitions?

All the petitions asking for the legal recognition of same-sex marriages will be listed in the form of a single clubbed petition in March 2023.

On same-sex marriages: Modi government's open-ended approach

India's Solicitor General Tushar Mehta, the second-highest law officer in the country, pointed to two options on legal status of same-sex marriages in India. One, the top court could await Delhi High Court's verdict on determining the legal status of same sex marriages in India or could transfer all the petitions to itself. The top court took the latter option.

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At two different points of time -- in the months of November and December last year -- the Supreme Court had sought a response from the Modi government on the legal status of same-sex marriages in India. The government will now respond to the top court's direction on clearing its stance on determination of legal status of same-sex marriages in India by February 15.

On same sex marriages: What is India's track record so far?

In September 2018, a Supreme Court bench led by the then Chief Justice of India Dipak Misra had struck down a part of Section 377 of Indian Penal Code that criminalised same-sex relations in India. Following that landmark verdict, there is a growing uproar in the country for legal recognition of same-sex marriages.

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The current intervention could be the first big intervention on LGBTQ rights after the September 2018 Supreme Court verdict.

Same sex marriages: Which countries recognise same-sex couples by law?

Same-sex couples in countries such as the United States, Australia, Ireland, Switzerland, South Africa, Taiwan, Argentina and Canada are legally recognised at par with their heterosexual counterparts.

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