Supreme Court: The Supreme Court of India is expected to deliver its judgment on the legal recognition of same-sex marriage on Tuesday. The verdict follows the court’s reservation of judgment on May 11 concerning a series of petitions that sought legal validation for same-sex marriages.
The five-judge Constitution bench responsible for hearing these pleas included Chief Justice DY Chandrachud and Justices SK Kaul, SR Bhat, Hima Kohli, and PS Narasimha.
This includes recognition as a “spouse” in financial and insurance matters
During the hearings, the petitioners argued that India is a “marriage-based culture” and that couples within the LGBT (lesbian, gay, bisexual, and transgender) community should enjoy the same rights as heterosexual couples. This includes recognition as a “spouse” in financial and insurance matters, decision-making in medical, inheritance, and succession issues, as well as the ability to participate in adoption and surrogacy matters.
Justice Bhat emphasized that there exists a constitutional doctrine, which the court has consistently adhered to, that prevents the judiciary from directing legislation, intervening in policy formulation, or involving itself in policy-making processes. The court’s impending decision on the legal recognition of same-sex marriages has been highly anticipated, and it is expected to carry significant implications for the rights and legal status of the LGBTQ+ community in India.
Judgment will provide clarity on whether same-sex marriages are constitutionally valid or not
The judgment will provide clarity on whether same-sex marriages are constitutionally valid in India and whether these marriages will be granted the same legal status and benefits as heterosexual unions. This verdict marks a significant milestone in the ongoing discussion of LGBTQ+ rights and inclusivity in the country.
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