Even as India debates over legal validation for same-sex marriages, the a United Nations-backed report has stated that consensual sexual conduct, irrespective of the type of sexual activity, the sex/gender, sexual orientation, gender identity or gender expression of the people involved or their marital status, may not be criminalised in any circumstances.
The UN-backed report stated consensual same-sex, as well as consensual different-sex sexual relations, or consensual sexual relations with or between trans, non-binary and other gender diverse people, or outside marriage – whether pre-marital or extramarital – may, therefore, never be criminalised.
The UN-backed reports assumes great significance as the Supreme Court of India is hearing arguments on a batch of petitions seeking legal validation for same-sex marriages.
A five-judge Constitution bench headed by Chief Justice D Y Chandrachud is hearing the same-sex marriages case. The bench also comprises of Justices SK Kaul, SR Bhat, Hima Kohli and PS Narasimha.
The central government has appealed to the SC bench that all states and Union Territories be made parties to the proceedings.
The same-sex marriage verdict would have significant ramifications for the country as political parties and the public hold strong and divergent views on the subject.
During the earlier hearings, the Centre insisted its preliminary objection on whether the SC can at all go into this question (legal validation for same-sex marriages) or it would be essentially for the Parliament to go into it be heard first.
