Decriminalising homosexuality, but no same-sex marriage

• Recently, the Supreme Court on Friday transferred to itself petitions pending in various High Courts seeking legal recognition of same-sex marriage.
• Due to this, over 2,000 members and supporters of the LGBTQ community took to the streets of New Delhi to press for equal marriage rights.

Background

• SC decriminalised homosexuality in 2018: It held that the criminalisation of sexual relationships between adults of the same sex was unconstitutional.
• Resistance by Indian government: It resisted previous attempts to formally recognise same-sex relationships in cases heard in lower courts.

Legalisation of same sex marriage by various countries

• Netherlands: First country to legalise same sex marriage in 2000.
• Taiwan: First jurisdiction in Asia to recognise same-sex marriage.
• Countries that have legalised same-sex marriage: only 32 countries have legalised same-sex marriage.
• Limited rights: While it is not legal in 10 countries, same-sex couples do enjoy certain rights there.
• Countries where same sex marriage is illegal: In 91 countries, it is currently illegal.