India’s Supreme Court has, however, signaled it could challenge the government’s position. In a court filing last year it said same-sex marriages would cause “complete havoc with the delicate balance of personal laws in the country.” Sushil Modi, a lawmaker from Modi’s Bharatiya Janata Party, told Parliament in December that such marriages would be “against the cultural ethos of the country” and a decision on that should not be left to “a couple of judges.” The decision was seen as a landmark victory for gay rights, with one judge saying it would “pave the way for a better future.”ĭespite this progress, legal recognition of same-sex marriage has been met with resistance by Prime Minister Narendra Modi’s government. ![]() The historic ruling in 2018 that struck down a colonial-era law that had made gay sex punishable by up to 10 years in prison expanded constitutional rights for the gay community. In 2014, the court legally recognized non-binary or transgender persons as a “third gender” and three years later made an individual’s sexual orientation an essential attribute of their privacy.
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