LIVE | ‘Only Parliament can make laws to allow same-sex marriages, not courts’
The Supreme Court on October 17, 2023, pronounced the judgment with respect to a bunch of petitions seeking legal recognition for same-sex marriages.
Though the court refused to grant legal recognition for same-sex marriages in India, four out of the five judges on the bench agreed to direct the Centre to constitute a committee to examine the rights and entitlements of persons in queer union, without legal recognition of their relationship as a "marriage".
The case was reserved on May 11 for judgment. The Constitution Bench, headed by Chief Justice of India DY Chandrachud, consists of Justices Sanjay Kishan Kaul, Justice S Ravindra Bhat, Justice Hima Kohli, and Justice PS Narasimha.
All judges barring Justice Kohli gave separate judgments.
The CJI, in his opinion, concluded that the court can neither strike down or read words into the Special Marriage Act to include same-sex members. it is up to Parliament and state legislatures to enact laws on marriage, he said.
However, at the same time, the CJI said the relationship of marriage is not a static one.
During the arguments, the Centre had told the apex court that any constitutional declaration made by it on pleas seeking legal validation for same-sex marriage may not be a "correct course of action" as the court will not be able to foresee, envisage, comprehend and deal with its fallout.
The Centre had also told the court it had received responses from seven states on the issue of same-sex marriage and the governments of Rajasthan, Andhra Pradesh and Assam had opposed the petitioners' contention seeking legal endorsement for such wedlock.
The apex court had commenced hearing arguments in the matter on April 18.
Live Updates
- 17 Oct 2023 9:29 PM IST
'Disheartened, but fight goes on'
Disheartened, but fight goes on: Queer lawyer-activist Rohin Bhatt on SC verdict
That is what Rohin told The Federal after the SC verdict
- 17 Oct 2023 4:39 PM IST
RSS welcomes SC verdict
The RSS on Tuesday welcomed the SC decision, saying Parliament can hold a discussion on its various aspects and take "appropriate" decisions.
"The Supreme Court's decision on same sex marriage is worth welcoming. Our democratic parliamentary system can seriously discuss all the issues related to this and take appropriate decisions," Sunil Ambekar, Akhil Bharatiya Prachar Pramukh of the RSS, said in a post on X.
- 17 Oct 2023 4:20 PM IST
Queer rights must be protected: Karuna Nandy
#WATCH | Supreme Court refuses to give marriage equality rights to the LGBTQIA+ community in India
— ANI (@ANI) October 17, 2023
Lawyer Karuna Nundy says, "...There were some opportunities today that I believe has been pushed off to the legislators and the central govt has made their stand clear with regards… pic.twitter.com/BerEKzHmCY - 17 Oct 2023 4:14 PM IST
'Govt could explore solutions without amendments to Special Marriage Act (SMA)'
Advocate J. Sai Deepak, representing respondent Bharatiya Stree Shakti, shared insights with ANI, stating, "The other side might lean towards a review or reference on specific legal issues, though I am uncertain. The Government could explore operational solutions without legislative amendments to the Special Marriage Act (SMA). Legislative changes involve revisiting the institution of marriage. A potential solution could be recognizing certain civil unions, distinct from marriage, and establishing a separate regime for adoption if desired. Child health experts' input is crucial. The Government and Parliament might consider forming a committee to navigate this complex issue."
- 17 Oct 2023 4:13 PM IST
LGBTQIA+ rights activist Harish Iyer speaks on SC verdict
#WATCH | Supreme Court refuses to give marriage equality rights to the LGBTQIA+ community in India
— ANI (@ANI) October 17, 2023
One of the petitioners and LGBTQIA+ rights activist Harish Iyer says, Though at the end, the verdict was not in our favour but so many observations(by Supreme Court) made were in… pic.twitter.com/sP96khIq3l - 17 Oct 2023 3:50 PM IST
Activist Anjali Gopalan says 'We will keep fighting'
#WATCH | Supreme Court refuses to give marriage equality rights to the LGBTQIA+ community in India
— ANI (@ANI) October 17, 2023
One of the petitioners and activist Anjali Gopalan says, " We have been fighting for long and will keep doing so. Regarding adoption also nothing was done, what the CJI said was… pic.twitter.com/2ZyjPmdvi7 - 17 Oct 2023 3:30 PM IST
VHP welcomes SC verdict on same-sex marriages
The Vishva Hindu Parishad on Tuesday welcomed the Supreme Court's refusal to grant legal recognition to same-sex marriages and said the court’s decision to not give "homosexuals" the right to adopt a child is also a "good step".
"The Vishva Hindu Parishad has welcomed the Supreme Court's decision not to give legal recognition to gay marriage and adoption," the RSS affiliate said in a statement.
"We are satisfied that the Supreme Court, after listening to all the parties concerned, including Hindu, Muslim and Christian followers, has given the decision that the relationship between two homosexuals in the form of marriage is not eligible for registration. This is not even their fundamental right," the VHP's national working president Alok Kumar said.
"Not giving homosexuals the right to adopt a child is also a good step," he added.
- 17 Oct 2023 1:09 PM IST
The Supreme Court refused to grant legal recognition for same-sex marriages in India. But four out of the five judges on the bench agreed to direct the Union govt to constitute a committee to examine the rights and entitlements of persons in queer union, without legal recognition of their relationship as a "marriage".
