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 7:24 AM GMT
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.
- 17 Oct 2023 7:16 AM GMT
Justice Narasimha: "It would not be Constitutionally permissible to recognise a right to civil union mirroring a marriage."
- 17 Oct 2023 7:00 AM GMT
Justice Bhat: "We disagree with the CJI on the right of queer couples to adopt and we voice certain concerns."
- 17 Oct 2023 6:56 AM GMT
CJI: “It is for Parliament to effect changes in law. So, adoption by queer couples allowed, but marriage has to be allowed constitutionally.”
- 17 Oct 2023 6:53 AM GMT
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."
- 17 Oct 2023 6:51 AM GMT
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."
