Same-sex marriage: India’s top court refuses legalisation

India's top court refused yesterday to legalise same-sex marriages but said the country had a duty to acknowledge LGBTQ relationships and to protect them from discrimination. "It lies within the domain of parliament and state legislatures to determine the law on marriage," Supreme Court Chief Justice D Y Chandrachud said during his verdict. The court's ruling held that the fundamental right to marriage for same-sex couples was not guaranteed by India's constitution under existing law. It did grant marriage rights to couples where one or both members were transgender, provided one participant in the union identified as a man and the other as a woman. Chandrachud added that India still had a duty to acknowledge same-sex relationships and protect those in them from discrimination. "Our ability to feel love and affection for one another makes us feel human," he said from the bench. "This court has recognised that equality demands that queer unions and queer persons are not discriminated against." The court's ruling directed the government to form a committee that would determine the scope of rights for same-sex couples in the future, without compelling government recognition. Its verdict was greeted with sadness and disappointment by a crowd outside the court.