Supreme Court Rules on Same-Sex Marriages

Supreme Court Rules on Same-Sex Marriages

VoM News Desk | October 17, 2023 | 01:45 PM IST | Breaking News, Courts & Law | Follow on Google News

Supreme Court Rules on Same-Sex Marriages

Supreme Court Rules on Same-Sex Marriages

In a landmark decision, the Supreme Court of India addressed the issue of same-sex marriages, indicating that it cannot legalize them. The Chief Justice of India, DY Chandrachud, emphasized that the creation of such laws is the prerogative of Parliament. A five-judge bench led by CJI Chandrachud heard arguments in this case between April and May this year.

Parliament’s Role in Legislation

Chandrachud asserted that same-sex marriage legalization is within the purview of Parliament, and the court’s role is to interpret existing laws rather than create new ones. He stated that while there was some consensus and disagreement on the extent to which this matter should be pursued, the responsibility for addressing it lies with the legislative body.

Four Separate Verdicts

The five-judge constitution bench, composed of CJI Chandrachud and Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and P S Narasimha, will deliver four separate verdicts. Justice Kaul shared that he concurs with CJI Chandrachud on granting specific rights to same-sex couples. He further emphasized that non-heterosexual unions should be seen as a crucial aspect of marriage equality.

Implications for Queer Couples

The Supreme Court directed the Centre, states, and Union Territories to ensure that the queer community does not face discrimination. CJI Chandrachud emphasized that queerness is a natural phenomenon and not limited to urban or elitist populations. This recognition aims to promote equal rights and ensure that intersex children are not subjected to sex-change operations before they fully comprehend the consequences.

Recognizing Equality and Rights

Chandrachud stated that marriage is not a static institution, and individuals have the right to choose their life partners, reflecting their right to life and liberty under Article 21 of the Constitution. He stressed that recognizing these associations is essential, and any failure to do so would be discriminatory. The court affirmed that all individuals, including those in queer relationships, have the right to judge the moral quality of their lives.

An Important Step Towards Equality

The Supreme Court’s verdict has far-reaching implications, acknowledging the need for societal change to ensure that LGBTQIA individuals can lead dignified lives. It underscores the importance of equal rights, protection, and recognition for same-sex couples in India.

VoM News Desk

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