Supreme Court on Same-Sex Marriages
In a significant decision, the Supreme Court of India has refused to legalize same-sex marriages. It states that it cannot compel the Parliament or the State to create a new institution of marriage. This ruling is a setback for hundreds of LGBTQ couples who had hoped to have their unions officially recognized. The court emphasized that it falls within the Parliament’s authority to change the law to validate same-sex marriages.
The Verdict and Key Takeaways
A five-judge constitution bench of the Supreme Court pronounced its verdict on 21 petitions seeking legal sanction for same-sex marriages. The ruling was not unanimous, with a 3:2 judgment on various aspects, including adoption.
While recognizing equal rights for queer individuals and emphasizing their protection, the court called for public sensitization to prevent discrimination. The judges were unanimous in holding that there is no unqualified right to marriage, and same-sex couples cannot claim it as a fundamental right under the Constitution.
Supreme Court of India refuse to legally allow Same Sex Marriage in India. Ball in the court of India’s parliament and Government. Yet Supreme Court in its verdict has been humanitarian to allow live-in relations and adoptions for the LGBTQ community. pic.twitter.com/MyeWkqh678
— Aditya Raj Kaul (@AdityaRajKaul) October 17, 2023
The court also refused adoption rights to queer couples in a 3:2 verdict. It was suggested that the law cannot assume that only heterosexual couples can be good parents as this would amount to discrimination against queer couples.
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Parliament’s Role and Constitutional Rights
The Chief Justice of India, DY Chandrachud, stated that Parliament is responsible for determining whether a change in the law. Even such as the Special Marriage Act, it is needed to validate same-sex unions. He clarified that the court cannot compel the Parliament or the State to create a new institution of marriage. Section 4 of the Special Marriage Act cannot be held unconstitutional solely for not including same-sex couples.
The Need for Public Sensitization
Chief Justice Chandrachud emphasized the importance of recognizing that homosexuality and queerness are not elitist concepts. He underscored that these concepts are not specific to the upper class and urged the public to acknowledge their existence in various societal spaces.
Changing Concept of Marriage
The verdict also acknowledged the evolution of the concept of marriage in society. It was highlighted that marriage has undergone significant changes, transitioning from practices like Sati to embracing inter-caste unions. Reforms in marriage have been enacted through legislative acts to adapt to changing socio-economic concepts of marriage.
The Next Steps
Supreme Court’s decision does not legalize same-sex marriages. It recognizes the importance of addressing the human concerns of LGBTQ couples. The Union government has agreed to form a committee to examine administrative steps for providing social benefits to same-sex couples.
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The court viewed this suggestion as fair. They advised the petitioners and the government to collaborate on identifying the matters the committee should investigate.
Conclusion
The ruling does, however, recognize the rights and protection of queer individuals. It highlights the importance of sensitizing society to prevent discrimination. While this verdict is a setback, it opens the door to discussions and collaborations for addressing the concerns of LGBTQ couples in India. The journey towards equal recognition and rights for all individuals continues.
