India will consider granting equal financial rights and legal protection to the LGBTQ community, but same-sex marriage will not be legalized, according to two government sources. The sources revealed that the ruling Bharatiya Janata Party (BJP) government continues to oppose the petitions to the court, despite the Supreme Court’s statement that the responsibility for legalizing same-sex marriage lies with the parliament. In response to the court hearing, the government offered to establish a committee to address the concerns of same-sex couples, composed of legal experts, LGBTQ activists, and theologians.
The committee’s objective will be to examine all aspects of legal protection for the LGBTQ population and explore measures to improve their lives. However, discussions on same-sex marriage will not be within the committee’s scope, as it requires the unanimous support of all religious groups, according to the sources. The panel, led by a top policymaker from the federal law ministry, will focus on issues such as inheritance, financial rights, and medico-legal rights of the LGBTQ community. The formation timeline for the committee remains unknown.
Requests for comments from the law ministry and the Prime Minister’s Office went unanswered. Gay rights activists expressed frustration at the prolonged process and anticipate parliamentary discussions on the matter. The legalization of same-sex marriage has been a sensitive topic in India, despite the 2018 landmark ruling that decriminalized homosexuality. Speaking openly about homosexuality remains taboo in the socially conservative country.
Although the 2018 ruling affirmed constitutional rights for the LGBTQ community, activists argue that the lack of legal recognition for same-sex marriages denies them fundamental rights enjoyed by heterosexual couples, such as medical consent, pensions, adoption, and even joining clubs as couples. The committee plans to consult religious experts to gather their opinions on whether religious institutions accept or reject same-sex couples. The bureaucrat from the law ministry stated that the thoughts of all stakeholders, particularly the nearly one thousand represented religious organizations, will be documented before initiating any discussion in parliament.
Additional reporting by Arpan Chaturvedi; Editing by YP Rajesh and Hugh Lawson
