Same Sex Marriage: By a 3-2 vote, the Supreme Court decided on Tuesday that same-sex unions cannot be recognised legally. The supreme court issued as many as four judgements and made a number of observations. As he lays out his ruling, the fourth and final of the bench, Justice Narasimha states that the right to marry is just a statutory right and not a constitutional one. “Agree with Justice Bhat that there can’t be a right to civil union,” says Justice Narasimha. However, Justice Bhat agrees with the Chief Justice that same-sex marriages should not be included in the Special Marriage Act. He also concurs that transgender people in heterosexual relationships need to be allowed to be married in accordance with the law.
Chief Justice Stresses Freedom of Choice and Committee’s Role
An individual’s freedom to form a relationship cannot be denied on the basis of sexual orientation, the Chief Justice of India, DY Chandrachud, ruled in a landmark ruling on marriage equality today. The Chief Justice requested that the centre go on with a committee it has formed to handle the practical concerns of same-sex couples, such as obtaining ration cards, pensions, gratuities, and succession issues. He emphasised that the five-judge bench hearing the matter has authored four different judgements.
Committee to Address Same-Sex Couple’s Practical Concerns
The centre had informed the court on May 3 that it intended to create a committee under the direction of a cabinet secretary to look into administrative fixes for issues faced by same-sex couples without getting into the debate over marriage equality. The Chief Justice stated that picking a life partner is an essential component of choose a path in 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,” he said.
The Right to Union and Recognition for All, Irrespective of Orientation
The Chief Justice said, “The right to enter into union includes the right to choose one’s partner and the right to recognition of that union. A failure to recognise such associations will result in discrimination against queer couples.” He added, “the right to enter into union cannot be restricted on the basis of sexual orientation.” A civil union right cannot be established by court decree, according to Justice Ravindra Bhat. The duty of creating a legal framework for LGBT couples, he continued, belongs to the government because there are many factors that need to be taken into account. The Supreme Court cannot accomplish this.
Justice Ravindra Bhat on LGBTQ+ Rights
Although he acknowledged that queer people have a right to be in relationships, Justice Ravindra Bhat stated that this right is covered by Article 21 (Protection of Life and Personal Liberty). Queer persons have the same rights to intimacy and partner choice as all Indian citizens, he continued. Marriage has traditionally been a union solemnised by custom and personal law, according to Justice S. Ravindra Bhat. The Supreme Court has acknowledged marriage as a social institution, he continued. He claimed that since marriage is an institution that predates the State, it continues to exist regardless of the State.
Justice Sanjay Kishan Kaul’s Support for Anti-Discrimination Laws and Equality
Justice Sanjay Kishan Kaul stated that he concurs with Chief Justice DY Chandrachud that an anti-discrimination statute is necessary. He argued that intersectional discrimination should be addressed by the law. According to Justice Sanjay Kishan Kaul, heterosexual and non-heterosexual unions must be viewed as two sides of the same coin. He noted that legalising non-heterosexual unions is a step in the direction of marital equality. While reading his decision, Justice Sanjay Kishan Kaul noted that the Special Marriage Act’s inclusion of homosexual couples had some interpretive restrictions. He concurred with Solicitor General Tushar Mehta that changing the Special Marriage Act could have unintended consequences. He differed with Justice S. Ravindra Bhat, nevertheless, in that he believed the Act was only intended for heterosexual marriage.
CJI DY Chandrachud’s Order Ensures LGBTQ+ Union Rights
The Union government, states’ governments, and union territories were ordered by CJI DY Chandrachud not to discriminate against the right of the LGBTQ community to form unions. Unmarried couples, including gay couples, are permitted to jointly adopt a child, according to CJI DY Chandrachud. Justices Ravindra Bhat, Hima Kohli, and PS Narasimha dissented from Chief Justice DY Chandrachud and Justice Sanjay Kaul’s argument that homosexual couples should be given the right to adopt.
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