Answer: Recently, the Supreme Court of India  issued a verdict, with a 3:2 majority, rejecting petitions seeking the legalization of same-sex marriage under the Special Marriage Act 1954 . Over the years, Article 21 of the Constitution has seen its scope broaden to encompass privacy, dignity, and the freedom to choose one's partner in marriage. However, the Supreme Court has refrained from taking the additional leap to permit same sex marriages.

Key takeaways from the verdict:

• Regarding Legislation: The Supreme Court ruled that it cannot alter or expand the Special Marriage Act of 1954 to include same-sex couples; instead, it stated that the responsibility lies with the Parliament and State Legislatures to create appropriate laws.
• Rights of Transgender: The majority opinion affirmed the right of transgender individuals to marry within the existing legal framework, emphasizing that gender identity is distinct from sexual orientation.
• Adoption Rights: The SC did not endorse adoption rights for same-sex couples, explaining the necessity to explore all possible avenues for the well-being of children.
• On Entitlements: The court acknowledged the need for equal rights for queer couples in various areas, such as ration cards, joint bank accounts, pensions, and gratuity.

Arguments in favor of same sex marriage:

• Promoting Equality: Legalizing same-sex marriage aligns with the principles of equality and non-discrimination. Articles 14 and 15 of the Constitution forbid discrimination based on sex.
• Further, the Supreme Court, in the Navtej Singh Johar case (2018), interpreted "sex" to include "sexual orientation".

• Legal Protections: Legalizing same-sex marriage offers legal safeguards for homosexual couples, ensuring their rights in areas like wages, adoption, surrogacy, inheritance, property ownership, and healthcare.
• Further, legalizing same-sex marriage is a logical step after the decriminalization of Section 377

• Preserving Right to Privacy: Recognizing same-sex marriage upholds the right to privacy, established by the Supreme Court in the K.S. Puttaswamy case (2017). This right encompasses personal choices, including intimate relationships, and legalizing same-sex marriage safeguards the privacy of homosexual couples.

• Human Rights Recognition: Same-sex marriage is a human rights issue recognized by the United Nations, which advocates for the protection of LGBT individuals' human rights, including the right to marry.
• Further, legalizing same-sex marriages fosters social acceptance of LGBT individuals and relationships, helping reduce discrimination and stigma.

• Global Precedent: Recognizing same-sex marriage aligns with the global trend, as it is legal in 34 countries, and denying this right in a democratic society contradicts international principles.
• For ex: In 32 countries, same-sex marriage is legal.

Arguments against same sex marriage:

• Religious and Cultural Conflict: Same-sex marriage contradicts Indian religious and cultural beliefs as marriage laws, and customs are traditionally designed for heterosexual couples.
• Legal Complexities: Legalizing same-sex marriages may lead to complications in areas like adoption, child custody, inheritance, tax and property rights.
• Children's Well-Being: The adoption of children by queer couples can result in social stigma, discrimination, and adverse effects on the emotional and psychological well-being of the child.
• Judicial Intervention: Marriage is a public policy issue that should be determined by Parliament and the executive, necessitating changes in various related laws and regulations if same-sex marriage were to be legalized.
• Potential for Social Unrest: Given the limited acceptance of same-sex marriage in Indian society, its legalization could disrupt social norms and values, potentially leading to social unrest.

Therefore, the government should promptly establish a committee, as directed by the Supreme Court, under the cabinet secretary to grant civil union rights and other entitlements, including inheritance and adoption, to homosexual couples. Additionally, legislative reforms should be prioritized to make Indian family law more inclusive, gender-just, and non-discriminatory.

Awareness campaigns should continue to promote equality and LGBTQIA+ community acceptance, while engaging in dialogues with religious leaders, communities, and politicians at various levels to bridge the gap between traditional beliefs and modern attitudes toward same-sex relationships. These collective efforts can contribute to social justice as  envisaged in the Preamble of the Indian Constitution.