Supreme Court urges government to grant basic social rights to same-sex couples

New Delhi (India), April 27, 2023: In a landmark move, the Indian Supreme Court has suggested that the government should grant basic social rights to same-sex couples, such as opening joint bank accounts or nominating a partner in insurance policies, without legalizing gay marriage.

The court’s statement was made while considering a batch of appeals for the recognition and protection of same-sex marriages. The petitioners have argued that denying them the right to marry violated their fundamental rights and resulted in discrimination and exclusion. However, the court appeared to accept that legalizing gay marriage is the prerogative of the parliament.

As the government has opposed these appeals, some from gay couples, the court has urged them to find a way to address the issue of ‘cohabitory’ relations without granting marital status to same-sex couples.

The court asked the Solicitor General to come back with a response on Wednesday, requesting that the government ensure that such relations are not ostracized and that a sense of security and social welfare is created.

This comes after Union Law Minister Kiren Rijiju said the parliament, not a court of law, should debate the issue of same-sex marriage, clarifying that he does not want to make the matter a “government versus judiciary” issue. Prime Minister Narendra Modi’s government has maintained that such marriages are not “comparable with the Indian family unit concept of a husband, a wife, and children.”

A five-judge bench headed by Chief Justice DY Chandrachud has been hearing arguments in the case since last week. The court’s observations have made front-page news and sparked social media debates. This suggestion by the court could be a major step forward for LGBTQ+ rights in India, providing some basic social rights to same-sex couples.