The Indian constitution says that India is a secular democratic republic (it's in the preamble already). "secular" means religious concerns don't need to be considered by the surpreme court. The court also doesn't consider popular opinion, only the law is important. The legislative can change the law according to popular opinion.

It does, but it's not much followed. The laws here are different based on what relegion you are, there are laws making couples of people with different relegion difficult and also relegious riots frequently. What is there on paper is much different from what is in reality. @Roland

Well, then it seems you don't have a law question but a political question. I'm not sure I follow your assertion that the Indian supreme court doesn't follow the Indian constitution.

I literally posted this on politics stackexchange and I had moved the question here by request of one of the commentors. But, I can show sources for what I said.

bbc.com/news/world-asia-india-56330206 interfaith marriage

civil code: business-standard.com/about/…. @Roland

Your links appear to be about actions of the legislative. You are asking about actions of the judiciary. That is (or at least should be) a fundamental difference.

You are right, but my point in general was that India is not secular like the constitution wants it to be.

It is worth pointing out that much of the constitution is concerned with keeping the majority from infringing on the rights of minorities. Electoral politics is supposed to protect majorities from the tyranny of the minority, while the constitution is supposed to protect minorities from the tyranny of the majority.

“in […] Christianity […] homosexuality is seen as a sin” — that view is not as pervasive as it used to be.

By way of background this happened in September of 2018.

If you believe a law should exist because that's how most people feel about the subject, you'll be pleased to know that is the operating principle of the world's newest country.

See this SE post @ChristopherSchultz

Christianity never banned homosexuality, at least officially. Unlike Islam, where Quran explicitly (despite I am struggling to find a quote) considers it a sin, there no explicit ban in the Gospels. Historically, it was banned by the people's culture (so called "christian morality") and by influence/effect of the Vatican authorities (at least for the Catholicism). But has no ground in the Books

If people are wrong, governments should ignore them for their own good.

@usr-local-ΕΨΗΕΛΩΝ pls see this post

@Studoku if government is choosen by the people to represent people the best, and government ignores their wishes, then what is democracy anymore

@Buraian A mistake.

@Buraian Thanks for that reference. I'm sure anyone looking for evidence for condemnation of any act can find it if they look hard enough. (I'm not suggesting that your reference is cherry-picking.) Not being a well-versed Hindu person myself, I was looking at Human Rights Campaign's page on Hinduism's LGBTQ Summary. HRC don't happen to mention this text, but there also seems to be some (SE) disagreement over those particular translations, as can often happen. Kama Sutra describes certain "prohibited" acts as well.

@usr-local-ΕΨΗΕΛΩΝ passages which prima facie call homosexuality a sin are quite evident in the New Testament. Romans 1:26-27 is the best example.

@Buraian "then what is democracy anymore"? Most countries (including the US, India, European countries, etc) are constitutional republics, not democracies.

"I simply can not understand how this happened, because in my experience, people who are religious hold very 'tight' to their beliefs" You experience is the opposite of mine. Most religious people I know are very casual about it. Yet they declare themselves as religious to the census.

Claiming that any large group of people are "all one thing" or all "believe this thing" is rarely accurate and invariably offensive. Most of the Christians whom I know personally do not believe that homosexuality is a sin, and one person on Christiantiy.stackexchange.com does not come close to speaking for all 2 billion of us. It is proper to say that Christians affirm our creed (+95% true), beyond that we disagree on most everything else, especially on the stigmatization of homosexuality.

The people who seem to be most concerned about homosexuality are those who A) have been taught that homosexuality is a sin, but B) fear that they are gay or lesbian. There's nothing wrong with sex between adults, be it straight, gay, lesbian, bi, or whatever, as long as nobody's being forced, coerced, or abused and everyone's happy with the results. If you don't like something, speak for yourself and don't do anything you don't want to do - but don't tell others that what they like is "wrong". And if your religion is telling you that what you like is a sin, maybe you need a new religion.