Supreme Court of india refused to legalise same sex marriage in india. The Chief Justice of india also said it was unto the parliament to create such a law.
It is up to the Parliament to decide on the same-sex marriage issue, according to a five-judge bench headed by Chief Justice DY Chandrachud. According to the CJI, the SC cannot strike down the provisions of the Special Marriage Act (SMA) or read words differently.There were 21 pleas seeking legal validation of same-sex marriages that led to the judgment.
It is noteworthy that the bench will pronounce four separate verdicts in the matter, as he explained.
There are five judges on the constitution bench: the Chief Justice of India, Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and P S Narasimha. Besides the CJI, Justice Kaul, Justice Bhat and Justice Narasimha have written separate verdicts.
A bench has confined the case to the 1954 Special Marriage Act.
Chief Justice of Indias refuses on same sex marriage
The court cannot make law; it can only interpret it and give effect to it, Chandrachud said, adding that homosexuality and queerness are not urban concepts.
Parliament must decide whether the Special Marriage Act needs to be changed, he said.
Moreover, the CJI ruled that discrimination against queer couples cannot be based on cohabitation.
Government directions on same sex marriage in india
A directive from the Chief Justice of India directs the Centre to ensure the queer community is not discriminated against and that access to goods and services is not restricted.
According to the Supreme Court of India, Parliament must make changes to the law to prevent discrimination in same-sex marriages; the Centre should act against it
Court orders Centre to act against discrimination in same-sex marriage case: CJI
In the case of same-sex marriages, the CJI says Parliament needs to make changes in the law; the Centre needs to take action against discrimination.
According to the bench, the Special Marriage Act 1954 governs the case.
According to the CJI, discrimination against gay couples cannot be based on cohabitation.
UT, state, and union governments instructed not to discriminate against community members.
The same sex marriage issue has been left up to Parliament by a five-judge bench headed by Chief Justice DY Chandrachud. As the CJI explained, the Supreme Court cannot strike down the provisions of the Special Marriage Act (SMA) or read words differently. 21 appeals for legal validation of same-sex marriages were heard.
There will be four separate judgements in the matter, the CJI said and began reading the operative portion of his verdict.
Besides the CJI, Justice Kaul, Justice Bhat and Justice Narasimha have each authored separate verdicts. The constitution bench is composed of the CJI and Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and P S Narasimha.
What the LGBTQ+ Community got?
- According to the SC, the government must ensure that the LGBTQ community is not discriminated against because of their sexual orientation.
- In order to protect the community, the SC has ordered the government to create a hotline and safe homes for LGBTQ couples and ensure that intersex children are not forced to undergo surgery. Hormone therapy shall not be forced on anyone.
- Adoption rights: The Supreme Court ruled that the Central Adoption Resources Authority (CARA) circular prohibiting LGBTQ couples from adopting children is discriminatory and unconstitutional. Certain aspects of the case were disputed by the bench, especially the applicability of adoption rules to queer couples.
- The Supreme Court has ordered the government to ensure that LGBTQ couples are not harassed by police by summoning them to the station or visiting their homes to interrogate them about their gender identity or sexual orientation.
- A panel of experts: The CJI accepted Tushar Mehta’s proposal for the Centre to form an expert panel led by the Cabinet Secretary for the purpose of considering granting LGBTQ couples the same rights and privileges, with the exception of marriage, that are available to heterosexual couples. All other rights, including government services and goods, banking, etc., will be considered by the committee.
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