Same-sex marriage verdict highlights: The Supreme Court on Tuesday ruled that there cannot be legal recognition for same-sex marriages, doing so by a 3-2 majority.
Key points from Supreme Court’s five-bench ruling on same-sex marriage
• No legal recognition of same-sex marriages
• No constitutional or fundamental right to civil unions
• Centre’s high-powered committee to examine concerns of same-sex couples
• No right for queer couples to jointly adopt
Centre had opposed the pleas arguing that the legislative policy of India has consciously validated a union only between a biological man and a biological woman. On May 3, the Centre told the top court it would constitute a committee headed by the cabinet secretary to examine administrative steps that could be taken to address “genuine concerns” of same-sex couples without going into the issue of legalising their marriage.
Three judges of the five-judge Constitution bench disagreed with the Chief Justice of India on adoption rights for LGBTQIA people but agreed that the Special Marriage Act, 1956 (SMA) cannot be interpreted in such a manner so as to enable marriage between queer persons.
Queerness is not ‘urban’, says CJI
Queerness is not “urban” or “elite” and persons of any geographical location, background or caste may be queer, Chief Justice of India D Y Chandrachud said on Tuesday he disagreed with the Centre’s contention that the petitions seeking legal validation of same-sex marriage reflected an “urban elitist” view.
The CJI said that to imagine queer persons exist only in urban and affluent spaces is to erase them even as they exist in other parts of the country and it would also be a mistake to conflate the “urban” with the “elite”.
SC has upheld the principle of parliamentary supremacy. It is not up to the courts to decide who gets married under what law, My faith and my conscience say that marriage is only between a man and a woman. This is not a question of decriminalisation like in the case of 377, it is about recognition of marriage. It is correct that the state cannot extend it to anyone and everyone.
Mains Perspective : 1.Study earlier judgement of SC on Sec 377 – Decriminalisation
2.Approach of international community on LGBTQIA
OTHER BURNING TOPICS :