![]() “It includes the right to choose a partner and enjoy physical intimacy with them, including the right to privacy, autonomy, etc, and should enjoy this right undisturbed from society and when threatened State has to protect the same.” “There cannot be any doubt that there is a choice to have a life partner,” said Justice Ravindra Bhat. “This right goes to the root of the right to life and liberty under Article 21 ,” he said. ![]() But marrying someone of the same sex remains forbidden.Ĭhief Justice DY Chandrachud, who headed the five-judge bench that passed the judgement, said the right to choose a partner was the most important life decision. The ruling means that Indians will now be free to engage in same-sex relationships, assured of constitutional protection. While the court stopped short of allowing equal marriage, it recognised the rights of gay couples. Tuesday’s ruling followed a petition arguing that the failure to recognise same-sex unions violated LGBTQ people’s constitutional rights. So where do same-sex couples stand after the court ruling? What did the Supreme Court rule? In the court earlier this year, Prime Minister Narendra Modi’s government cast arguments in favour of extending rights as “urban, elitist views”, stating that gay marriage is “not comparable to the Indian family unit concept” comprising a husband, wife and children. India’s LGBTQ community has long felt like second-class citizens, facing opprobrium from the government, religious leaders and conservative elements of society. The story has made front-page headlines in the socially conservative country – the world’s most populous – over the past year, sparking furious debates online. But could it pay off? list 3 of 3 Will India decriminalise gay sex? end of list ![]()
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