The Indian Supreme Court legalized homosexuality in 2018; Photo: File
New Delhi: A larger bench was formed on the issue of legalizing same-sex marriage in India.
According to Indian media, the Supreme Court also referred the petitions to legalize same-sex marriage to a five-judge larger bench where the case was heard next month.
If the larger bench legalizes same-sex marriage, India will become the second country in Asia after Taiwan to grant same-sex marriage rights.
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It should be remembered that homosexuality was punishable by 10 years imprisonment under Section 377 of the British law in India, but the campaign to repeal this section was ongoing since 1990.
In 2009, a New Delhi court decriminalized homosexuality, but the Supreme Court overturned the decision in 2013, saying the constitution could only be changed by parliament.
Later in 2018, a 5-judge bench of the Supreme Court of India struck down Section 377 after a long debate on the important issue, after which homosexuality was decriminalized and no longer an impeachable offence.
Also read: Indian Supreme Court legalized homosexuality
Since this decision, the Supreme Court has received several petitions to legalize same-sex marriage, on which the Modi government also submitted its stand in the court.
The Modi government’s affidavit stated that they are against the legalization of same-sex marriage and that it is not within the jurisdiction of the court to make a decision on it, but it can only be legislated in Parliament.
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The affidavit further stated that in Hinduism family consists of biological man and woman. Same is the case in other religions. Gay marriage will destroy the family system.
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After hearing the stand of the Indian government, the Supreme Court referred the matter to a five-member bench.
It should be noted that more than 300,000 same-sex couples have been married in India so far, but most of the time they are scolded by the pundits and priests who conducted the marriage.
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