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 11:19 AM IST
CJI: "For the full enjoyment of such relationships, such unions need recognition."
- 17 Oct 2023 11:15 AM IST
CJI Chandrachud: "The right to enter into union includes the right to choose one's partner and the right to recognition of that union."
- 17 Oct 2023 10:43 AM IST
SC reserved verdict on May 11
The Supreme Court on May 11 reserved its verdict after a marathon hearing of 10 days.A five-judge constitution bench headed by Chief Justice DY Chandrachud observed it cannot give a declaration on the anticipation as to how Parliament is likely to respond to it.The observation by the bench came after one of the advocates appearing for the petitioners referred to the verdicts, including in the Triple Talaq case, and said once the top court gave a declaration to pass a law penalising this, it was a matter for “fairly easy legislative consensus”.
