CJI Supports Marriage Equality and Adoption Rights for Queer Couples

CJI Supports Marriage Equality and Adoption Rights for Queer Couples

VoM News Desk | October 17, 2023 | 12:34 PM IST | Breaking News, Courts & Law | Follow on Google News

CJI Supports Marriage Equality and Adoption Rights for Queer Couples

CJI Supports Marriage Equality and Adoption Rights for Queer Couples

In a groundbreaking judgment on marriage equality, Chief Justice of India DY Chandrachud firmly asserted that an individual’s right to enter into a union cannot be restricted based on sexual orientation. He strongly supported adoption rights for queer couples, emphasizing that there is no evidence to suggest that only heterosexual couples can provide stability to a child.

Support for Marriage Equality

Chief Justice Chandrachud underscored the fundamental importance of choosing a life partner, considering it a vital aspect of one’s life course. He emphasized that this right lies at the core of the right to life and liberty under Article 21 of the Constitution. He stated, “The right to enter into a union includes the right to choose one’s partner and the right to recognition of that union. A failure to recognize such associations will result in discrimination against queer couples.” The Chief Justice firmly stated that the right to enter into a union cannot be limited based on sexual orientation.

Addressing Discrimination and Stereotypes

Chief Justice Chandrachud countered the argument that marriage equality was an urban, elite concept. He stated that queerness was not limited to urban areas and was not confined to the upper classes of society. He highlighted that same-sex relationships have been recognized throughout history, not solely for sexual activities but as emotionally fulfilling relationships.

Justice Kaul and Justice Bhat’s Perspectives

Justice Kaul expressed his agreement with the Chief Justice and recognized the need for an anti-discrimination law. He cited the historical recognition of same-sex relationships and emphasized that these unions should be acknowledged as a source of partnership and love.

Justice Bhat, on the other hand, agreed that queerness was not exclusive to urban or elite circles but disagreed with the Chief Justice’s directions. He stated that the court cannot create a legal framework for queer couples and argued that it is the legislature’s responsibility to address the matter comprehensively.

The Chief Justice strongly differed with Justice Bhat’s approach, emphasizing the need to confront discrimination against queer couples and issue appropriate directives.

This landmark judgment by the Chief Justice of India underscores the commitment to equality and non-discrimination, heralding a significant shift in the recognition and legal rights of queer couples in India.

VoM News Desk

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