Are homosexuals going to be allowed to marry in India?

A larger bench has been 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.

Remember that homosexuality was punishable by 10 years in prison under Section 377 of British law, but the campaign to repeal this section has been 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.

Since this decision, several petitions were received in the Supreme Court to legalize same-sex marriage, on which the Modi government also submitted its position in the court.

In his affidavit, he stated that he is against the legalization of same-sex marriage and that it is not within the jurisdiction of the court to give a decision on it, but it can only be legislated in the Parliament.

The affidavit further stated that in Hindu religion family consists of biological male and female. Gay marriage will destroy the family system.

After hearing the stand of the Indian government, the Supreme Court referred the matter to a five-member bench.

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It should be noted that more than 3 lakh same-sex couples have been married in India so far.

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