Queer Couples in India are taking on the Supreme Court
Currently, there are two petitions being considered by the Supreme Court in India from same-sex couples arguing that the Special Marriage Act should be extended to queer people. Two different couples are petitioning the court, as same-sex marriage remains unrecognized by India at this time.
Supriyo Chakraborty and Abhay Dange are coming at the marriage inequality issues in India from a different perspective. The couple is arguing that the Special Marriage Act allows and protects the rights of inter-faith couples to marry someone of their own choosing, and that this should now also be extended to LGBTQ+ couples.
There are still many countries around the world that do not allow same-sex couples to legally marry. And like many couples all around the world, this particular Indian couple says that the ability to get married is about much more than just an expression of their love for each other. Chakraborty and Dange argue that not being able to marry each other impacts them in a wide variety of ways, including financial matters, the ability to adopt children, and their personal liberties. In a nutshell, preventing marriage equality to go forward in India is impeding equal rights.
The Supreme Court has given the Indian government four weeks to respond to the issue if they wish to.
A second couple has petitioned the Supreme Court in India arguing that prohibiting same-sex couples from legally marrying violates the Indian constitution.
The petition made by Parth Phiroze Mehrotra and Uday Raj stated, “If the petitioners, as a same-sex couple, enjoyed access to the civil institution of marriage, they would no face untold practical difficulties, both vis-a-vis each other and their children.”
“The denial of the fundamental right of marriage to persons like the petitioners is a complete violation of constitutional law.”
If successful, these two petitions could mean monumental change for the LGBTQ population in India. Watch this space as news regarding this legal matter unfolds.
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Featured Image: Francis Mascarenhas. Credit. Reuters. Copyright: Reuters.
