Top 10 quotes from SC verdict on same-sex marriage and adoption rights
Directing the Centre, states, UTs to ensure that the queer community is not discriminated against, CJI says queer is a natural phenomenon known for ages
The Supreme Court's much-awaited judgement on the rights of same-sex couples to marry and adopt children came as a disappointment for the LGBTQIA+ community on Tuesday (October 17), as the five-judge apex court Bench, by 3:2 majority, allowed neither, saying the court cannot make law but only interpret it.
Chief Justice of India (CJI) DY Chandrachud said it was up to the Parliament to change the Special Marriage Act while pronouncing his verdict on the 21 pleas seeking legal validation for same-sex marriages. However, the court said the Centre, state governments, or Union Territories cannot discriminate against such couples.
Also, four of the five judges 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".
Apart from CJI Chandrachud, the other four judges on the Bench were Justices Sanjay Kishan Kaul, S Ravindra Bhat, P S Narasimha, and Hima Kohli. Here are top 10 quotes from the Supreme Court’s verdict on the same-sex marriage and adoption rights case.
1. Homosexuality or queerness is a natural phenomenon known for ages. It is neither an urban concept nor restricted to the upper classes of society.
2. The right to enter into a union includes the right to choose one’s partner and the right to recognition of that union… Choosing a life partner 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.
3. Gender of a person is not the same as their sexuality.
4. 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.
5. 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.
6. A transgender person is in a heterosexual relationship. Such a marriage is recognized 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 (Special Marriage Act).
7. There is no material on record to prove that only a married heterosexual couple can provide stability to a child.
8. It cannot be assumed that unmarried couples are not serious about their relationship.
9. No person shall be forced to undergo any hormonal therapy.
10. The Union government, state governments and Union Territories shall not discriminate against the right of the queer community to enter into a union.
