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 11:39 AM IST
CJI: "There shall be no harassment to queer community by summoning them to police station solely to enquire about their sexual identity.
Police should not force queer persons to return to their natal family."
- 17 Oct 2023 11:36 AM IST
CJI's conclusions:
1. This court has the power to hear the case.
2. Queer is a natural phenomena known to India from ages. It is neither urban or elitist.
3. Marriage is not static.
- 17 Oct 2023 11:28 AM IST
CJI: "A transgender person is in a heterosexual relationship, such a marriage is recognised by the law. Since a transgender person can be in a heterosexual relationship, a union between a transman and a transwoman or vice versa can be registered under SMA."
- 17 Oct 2023 11:26 AM IST
CJI: "All persons, including queer persons, have the right to judge the moral quality of their lives. The meaning of liberty is the ability to be who one wishes to be."
- 17 Oct 2023 11:24 AM IST
CJI: "Choosing a life partner is is an integral part of choosing one's course of life. Some may regard this as the most important decision of their life. This right goes to the root of the right to life and liberty under Article 21."
- 17 Oct 2023 11:21 AM IST
CJI: "This court has recognised that queer persons cannot be discriminated upon. Material benefits and services flowing to heterosexual couples and denied to queer couples will be a violation of their fundamental right."
