Will the now most populous country in the world allow marriages for same-sex couples? The highest court in the country is examining the issue in a tense atmosphere.
The debates began at 11 a.m. on Tuesday April 18 and will last several days. They are broadcast live, for the sake of transparency, specifies the Court. The subject makes the front page of all major indian media which offer continuous monitoring and relay this live broadcast on their sites. The question divides the country. The Court has also chosen a rare configuration to hear all the arguments: five judges summoned for the occasion. This is only the case for very important legal matters.
The Court has grouped together all the referrals it has received on the subject to make a single decision. In total, 18 petitions were sent to justice, initiated by 18 different couples, all of the same sex, couples of men or couples of women. Their key argument is that the Indian Constitution gives citizens the right to marry the person of their choice, without any reference to their sexual orientation. Therefore, add the petitioners, no matter what concerns personal morality. The Constitution prevails.
Pro-marriage campaigners also know that tolerance of homosexuality is steadily growing in India. Ten years ago, only 15% of Indians accepted homosexuality. Today they are 37%. And by many estimates, India, with its 1.4 billion people, has tens of millions of homosexuals, possibly over 100 million.
Strong opposition from government and religious leaders
Opposite, the government and religious leaders are standing up. The Hindu and nationalist government of Narendra Modi transmitted to the Court a 102-page memorandum against this legalization of marriage for all. According to the power in place, this claim is only the fact “of an urban elite”. And such legalization would undermine the foundations of marriage and Indian society.
Rarely, the main religious leaders of the country have for once agreed to adopt the same position. Hindu, Muslim, Sikh and Christian leaders affirm that “Marriage is for procreative purposes, not recreational”. About twenty former judges of the Supreme Court have also published an open letter denouncing “the risk of a devastating impact on children and family”. Some of the petitions also seek to legalize adoption by same-sex couples. And this request has received the support of the main organization of psychiatrists in the country. Brief, the country is deeply divided about this question.
Taiwan unique case in Asia
The Indian decision is being watched by all of Asia. If India allows marriage for all, it would be the 35th country in the world to do so. But only the second in Asia, where only Taiwan made this decision four years ago. If India did the same, other countries like Thailand, South Korea, Japan could in turn switch.
It is difficult to predict the choice of the Indian Supreme Court. In recent years, she has generally been liberal on social issues, such as decriminalizing homosexuality. And the Court tends to be resistant to the injunctions of political power. But this time the pressure is very strong.
