Same Sex Marriage: The political elite hoped that the Supreme Court would reach a decision about same-sex marriage legalisation and would not place the “politically uncomfortable” and “inconvenient” ball in Parliament’s court. The top court did just that on Tuesday when a five-judge Constitution Bench led by Chief Justice of India D Y Chandrachud unanimously decided against recognising same-sex marriage, holding that Parliament should make that decision.
Political Parties and States’ Varied Responses to Same-Sex Marriage Ruling
The majority of the parties either choose to keep quiet about the ruling of the top court or adopted the position that it needs to be carefully considered. The Congress stated that it has always supported preserving citizens’ freedoms, choices, liberties, and rights without making any comments on the decision. governed by the Congress One of the few states that rejected the arguments in favour of same-sex unions was Rajasthan. The Rajasthan administration responded to the Centre on the matter by stating that although the general opinion in the state seemed to be against it, it could not be considered wrong if two persons of the same sex choose to live together freely.
RSS and VHP Applaud Supreme Court’s Stance on Same-Sex Marriage
While the ruling BJP kept silent—which was to be expected considering that the government rejected the pleas—RSS and VHP praised the highest court’s decision. Sunil Ambekar, Akhil Bharatiya Prachar Pramukh of the RSS, said that, “The Supreme Court’s decision on same-sex marriage is worth welcoming. Our democratic parliamentary system can seriously discuss all the issues related to this and take appropriate decisions.”
VHP Supports Supreme Court’s Decision on Same-Sex Marriage and Adoption
VHP national working president Alok Kumar said that “We are satisfied that the Supreme Court, after listening to all the parties concerned, including Hindu, Muslim and Christian followers, has given the decision that the relationship between two homosexuals in the form of marriage is not eligible for registration. This is not even their fundamental right…Not giving homosexuals the right to adopt a child is also a good step.”
Opposition Voices Skepticism Over Government’s Intent on Same-Sex Marriage Legislation
The voices in opposition that support same-sex marriage think the government is just playing games. Abhishek Singhvi, senior Congress leader said, “I have no doubt that the government neither intends nor will bring in the desired legislation for such a purpose.” Senior Congress MP Shashi Tharoor said, “We know the ruling party is the least likely to do so. At least the court heard all the arguments on both sides. I doubt the BJP will even want the issue discussed in Parliament, let alone bringing a law.”
AIMIM Chief Asaduddin Owaisi Supports Supreme Court’s Decision on Same-Sex Marriage
Asaduddin Owaisi, the head of AIMIM, stated on Tuesday that the parliamentary primacy principle has been upheld by the Supreme Court. “My faith and my conscience says that marriage is only between a man and a woman. This is not a question of decriminalisation like in the case of 377, it is about recognition of marriage. It is correct that the state cannot extend it to anyone and everyone,” the Hyderabad MP said in a statement.
BSP and SP to Examine Supreme Court’s Decision on Same-Sex Marriage
The BSP and SP said they were examining the ruling, while the JD(U) stated that it was against same-sex marriage. JD(U) spokesperson K C Tyagi stated in an interview with The Indian Express that although his party did not favour same-sex marriage, no one was against anyone’s right to freedom. According to him, if the administration introduces a bill in Parliament, the JD(U) will not support it.
Tharoor Predicts Future Supreme Court Ruling on Same-Sex Marriage
On this Tharoor said, “sounds like the earlier judgment on homosexuality, which the court overturned.” He added, “When Parliament failed to consider, let alone debate or pass, my proposal to decriminalise same-sex relations under Section 377, I urged the NGOs who had approached me to try the Supreme Court again. They did, and they succeeded because the court re-interpreted the existing rights and freedoms of Indian citizens more expansively than before. Today, they have done exactly the opposite and put the ball back in Parliament’s court. I have no doubt that, as on the previous issue, a later Supreme Court will take a more liberal view.” When the Delhi High Court first decided in 2009 that consensual sexual contact between two adults was not illegal, the CPI(M) and CPI were the only parties to adopt a firm stance in favour of decriminalising same-sex relationships. It took nine more years for the Supreme Court to endorse the move.
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