But same-sex intercourse was criminalized and marriage rights limited to heterosexual couples under a penal code introduced by India’s British former colonial leaders in 1860. Hindu mythology dating back centuries features men transforming into women and holy texts feature third gender characters. Indian attitudes to LGBTQ issues are complex. Dipa Chakraborty/Eyepix Group/Future Publishing/Getty Images Members and supporters of LGBTQ community holld rainbow flag while taking part in the annual LGBTQ Pride Parade. “And that’s why this petition is important to us.” “I want my son to have two legitimate, lawful parents,” said Dias who, like Anand, is among the 18 petitioners. If the activists are successful, it could change the fabric of what is traditionally a deeply conservative country. It told the court in a recent submission such unions were an “urban” and “elitist” concept, and therefore not welcome in the country. In a landmark case being live-streamed to the public and watched by tens of thousands of people every day, India’s Supreme Court has since April been hearing submissions from activists challenging the law.Īdvocates acting on behalf of 18 petitioners say it’s time for India to treat the country’s LGBTQ community as equal citizens under its constitution.īut they’re up against a tough opponent: the ruling government of the Bharatiya Janata Party (BJP), which argues that same-sex marriage is a “Western” concept without “any basis” in the constitution. However, things could be about to change.

In Dias and Anand’s case, for instance, under the present law only one of them is recognized as their son’s legal parent, which affects issues like who can make medical decisions on his behalf.

India, the world’s largest democracy and most populous country, does not recognize same-sex marriage, effectively barring millions of LGBTQ couples from accessing some of the legal benefits attached to matrimony in relation to issues like adoption, insurance and inheritance.

Aditi Anand, left, and Susan Dias, right, are among 18 petitioners challenging the law.

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