LIVE | ‘Only Parliament can make laws to allow same-sex marriages, not courts’
Supreme Court refuses to recognise same-sex marriage, says it is for the legislature to do. The court records the statement of the Union that it will constitute a Committee to examine the rights and benefits which can be given to queer couples.
Justice Narasimha: "There is no unqualified right to marry."
Justice Narasimha: "It would not be Constitutionally permissible to recognise a right to civil union mirroring a marriage."
Justice Bhat: "We disagree with the CJI on the right of queer couples to adopt and we voice certain concerns."
CJI: “It is for Parliament to effect changes in law. So, adoption by queer couples allowed, but marriage has to be allowed constitutionally.”
Justice Bhat: "A gender neutral interpretation of the Special Marriage Act may not be equitable at times and can result in women being exposed to vulnerabilities in an unintended manner."
Justice Bhat: "All queer persons have the right to choose their partners. But State cannot be obligated to recognise the bouquet of rights flowing from such a union. We disagree with the CJI on this aspect."