NEW DELHI – India’s top court on Tuesday declined to allow same-sex marriages in the country.

But it said India had a duty to acknowledge lesbian, gay, bisexual, transgender and queer (LGBTQ) relationships and to protect them from discrimination.

A five-judge Supreme Court bench headed by the Chief Justice of India heard arguments in the case between April and May and reserved its order on May 11.

Advocates representing nearly two dozen petitioners said it was time for India to treat its LGBTQ community as equal citizens under its Constitution.

But the verdict said the charter did not guarantee a fundamental right to marry that would extend to same-sex couples under existing law. “It lies within the domain of Parliament and state legislatures to determine the law on marriage,” Chief Justice D.Y. Chandrachud said in his verdict.

He added that India still had a duty to acknowledge same-sex relationships and protect those in them from discrimination.

“Our ability to feel love and affection for one another makes us feel human,” he said from the bench.

“This court has recognised that equality demands that queer unions and queer persons are not discriminated against.”

The news was nonetheless greeted with disappointment by those who had gathered outside the court.

“We are not satisfied with whatever the court has said,” Mr Siddhant Kumar, 27, told AFP.

“This has been going on for years, we have been struggling for legal recognition,” he added. “We have to remain strong and continue our fight.”

The petitioners had said that validating same-sex marriage would help them access some of the legal benefits of matrimony, including adoption, insurance and inheritance.

‘Complete havoc’

The Hindu nationalist government of Prime Minister Narendra Modi has staunchly opposed same-sex marriage. It said any such change was up to Parliament, 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.

Tuesday’s ruling was said to have had the potential to spark momentous changes in the world’s most populous country.

The case was seen as a milestone event for LGBTQ rights in India.

A historic 2018 judgment by the Supreme Court scrapped a colonial-era ban on gay sex. In 2022, the court ruled that unmarried partners or same-sex couples were entitled to welfare benefits.

Only Taiwan and Nepal allow same-sex unions in Asia, where largely conservative values still dominate politics and society.

India’s case was closely watched across the region, including in Thailand and South Korea, which are considering similar measures. REUTERS, AFP, BLOOMBERG