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“Today the court has reaffirmed that queer citizens will be relegated to an unsympathetic legislature and an apathetic executive. We are second class citizens, no matter how many judicial platitudes say otherwise. We will rise in rage and protest.”
These were the words of Rohin Bhatt, a lawyer and queer rights activist following the Supreme Court’s judgement on same-sex marriages on October 17, wherein the apex court refused to give legal status to the union between queer couples in India.
Data shows that this is not just the case in India but in a majority of the countries in the world. Only 35 countries worldwide have legalised same-sex marriages so far, the latest being Andorra (in February 2023) and Nepal (in June 2023). The Netherlands was the first country to legalise same-sex marriages in 2001.
LGBT-friendly nations
Marriage equality is just one among the many rights that LGBT people have been fighting for. From discrimination to exclusion, the people belonging to this community are facing several challenges day in and day out.
According to data from Equaldex, a collaborative knowledge base for the LGBT movement, Iceland is the most LGBT-friendly country in the world with a score of 90 (out of 100) followed by Denmark (87) and Norway (86).
India fairs relatively well in the list with 36th rank and a score of 68.
Iran (4), Saudi Arabia (2), Afghanistan (2) and Brunei (1) are the countries that are at the bottom of the list.
Legal status
Following the apex court’s judgement in India, same-sex marriages are illegal and will continue to be categorised as unregistered cohabitation. Queer couples are also not allowed to adopt children.
However, in countries like Canada and Norway, both same-sex marriage and adoption were legalised in the 2000s. In fact, Canada was one of the first countries to legalise same-sex adoption as early as 1995.
On the other hand, in Iran and Afghanistan, same-sex marriage and adoption are considered illegal as well as punishable offences.
Criminalising LGBT people
Data from countries like Iran, Afghanistan, Saudi Arabia and Brunei show widespread resistance to LGBT rights and severe human rights violations. In these countries, the people belonging to the LGBT community are penalised with brutal punishments including death penalty and lashes.
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