Today's Supreme Court decision on same-sex marriage's legal recognition has the potential to bring about significant changes in the nation with the largest population. CJI Chandrachud gave his remarks before the decision in which he discussed the rights to life, marriage, and other things.
The decision is seen as a turning point for LGBTQ rights in India, coming on the heels of a historic verdict by the Supreme Court in 2018 that overturned the ban on gay sex from the colonial era.
DY Chandrachud, Chief Justice of India, Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and PS Narasimha comprise the five-judge Constitution bench. They are currently addressing a number of petitions concerning the rights of the LGBTQIA+ community to marriage equality.
In a historic ruling, the Supreme Court panel declared that the right to marry is not a fundamental right. By a vote of 3–2, the court ruled that it cannot make laws and that the government must grant legal recognition to transgender weddings.
Some Key Highlights of SC Bench:
- Today, a Supreme Court panel of five judges refused to legally recognise same-sex marriages.
- The Supreme Court ruled that same-sex couples do not have a legal right to get married or enter into a civil union.
- It said that the legislature is responsible for enacting laws governing same-sex unions.
- The Supreme Court also declined to abolish the Special Marriage Act and the Foreign Marriage Act for not recognising same-sex marriages.
- The Centre stated that it will form a committee to look at the rights and benefits that could be provided to homosexual couples, and the court noted this statement.
Supreme Court Bar Association on SC verdict:
"I welcome the decision of the Supreme Court where they have not allowed same-sex marriage," stated Supreme Court Bar Association president Adish Aggarwala.
Transsexuals have the right to marry, but the government determines their legal status.
"There is no unqualified right to marriage except as it recognised under the law. Conferring legal status to civil union can only be through enacted law. Transsexual persons in homosexual relationships have the right to marry," says the Supreme Court on same-sex marriage.
CJI Chandrachud said that the statement that queerness is an urban, elite concept is not right.
“Marriage is not static or stagnant or an unchanging institution”, stated CJI Chandrachud.
CJI on Special Marriage Act
If the Special Marriage Act is struck down, it will take the country to the pre-Indpendence era, CJI Chandrachud said. "If the Court takes the second approach and reads words into the SMA, it will be taking up the role of legislature," he added.
“Humans are unique in many ways...Our ability to feel love for one another makes us human,” CJI Chandrachud.
He added, "As humans, we seek companionship. These relationships may take many forms, including native family." He added that "your ability to feel love for one another makes us human. We have an innate need to see and to be seen."
According to CJI Chandrachud, multiple constitutional articles relate to the right to intimate association. He cited Article 19(1)(e) in saying that one can establish oneself anywhere and then build one life there, which includes the freedom to select a life partner. The right to life guaranteed by Article 21 also provides respect for privacy and dignity, the Chief Justice added. "Right to intimacy emanates from all of this...Choosing a life partner is an integral part of life and what defines their own identity. The ability to choose a partner goes to the root of the right to life and liberty under Article 21."
"If two transgender persons intend to marry, identify themselves as trans-man and trans-woman, their marriage can be registered under the Special Marriage Act. All LGBTQIA+ couples, identifying themselves as man and woman, can also marry," said the chief justice.
“Unmarried couples, including queer couples, can jointly adopt a child,” CJI Chandrachud. Transgender persons in heterosexual relationships have the right to marry under the existing laws including personal laws, says CJI.
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