Summary of Same Sex Marriage in India | Same Sex Marriage Verdict: Supreme Court Refuses to Legalize
The Supreme Court of India recently delivered a significant verdict regarding same-sex marriage, which has been met with disappointment by LGBTQ activists who had hoped for legal recognition. The court's decision was made by a bench of five judges and resulted in a narrow majority ruling of 3-2 against the legalization of same-sex marriage. The arguments presented during the hearings, which spanned ten days, highlighted the contrasting views of the petitioners advocating for marriage equality and the government's stance opposing it.
The petitioners argued for the legal recognition of same-sex marriages under the Special Marriage Act, which currently only acknowledges heterosexual unions. They emphasized the need for equal rights for LGBTQ individuals to live with dignity and access the same legal benefits afforded to heterosexual couples. Conversely, the government's position, articulated by Solicitor General Tushar Mehta, was that the issue should be left to Parliament, citing concerns about the impact on existing laws and societal norms.
The judgment revealed a divide among the judges. Chief Justice DY Chandrachud and Justice Sanjay Kishan Kaul provided a minority opinion favoring the recognition of same-sex marriage and argued that the Supreme Court has the authority to intervene in this matter. They also advocated for civil unions to grant legal rights to same-sex couples. In contrast, Justices Ravindra Bhatt, Hima Kohli, and PS Narasimha maintained that the matter should be resolved by Parliament and that marriage is not a fundamental right.
The court did not strike down the Special Marriage Act but suggested that the government should create a committee to address the concerns of the LGBTQ community. The ruling reflects a significant moment in India's legal landscape regarding LGBTQ rights, building on the 2018 decriminalization of same-sex relationships.
Presenters/Contributors
- Chief Justice DY Chandrachud
- Justice Sanjay Kishan Kaul
- Justice S Ravindra Bhatt
- Justice Hima Kohli
- Justice PS Narasimha
- Solicitor General Tushar Mehta
- Various advocates including Mukul Rohatgi and Abhishek Manu Singhvi
Notable Quotes
— 10:46 — « It would be wrong to call marriage stagnant and to say that it is an unchanging institution. »
— 11:28 — « If you say so then your opinion is wrong. »
— 13:02 — « The government should bring different programs here and should provide knowledge within the society so that the queer rights can get their rights here. »
— 13:40 — « Guidelines have been issued for them also, but you have to understand one thing. »
— 14:50 — « Unmarried couples and other people from different communities should also get the right to adopt children. »
Category
News and Commentary