India's Supreme Court refuses to legalise same-sex marriage
Chief Justice DY Chandrachud said there were degrees of agreement and disagreement among the justices “on how far we have to go”.
India’s top court has refused to legalise same-sex marriages, with the chief justice of the country saying that it was up to Parliament to create such a law.
The five-judge bench earlier this year heard 20 petitions that sought to legalise same-sex marriage in the world’s most populous country.
Chandrachud said there were degrees of agreement and disagreement among the justices “on how far we have to go” on same-sex marriages.
“This court can’t make law. It can only interpret it and give effect to it,” the chief justice said, reiterating that it was up to Parliament to decide whether it could expand marriage laws.
Prime Minister's Narendra Modi's Hindu nationalist government has staunchly opposed same-sex marriage, and insisted that any change was up to parliament and not the courts.
"Any interference... would cause a complete havoc with the delicate balance of personal laws in the country and in accepted societal values", the government said in its submission.
"Living together as partners and having sexual relationship by same sex individuals... is not comparable with the Indian family unit concept of a husband, a wife and children", it added.
Marriages in India are governed by family laws for specific religions, such as the Muslim Marriage Act and the Hindu Marriage Act.
Leaders from all of India's main religions — Hindu, Muslim, Jain, Sikh and Christian — oppose same sex union, with several of them insisting that marriage "is for procreation, not recreation".