Same Sex Marriage: On Tuesday, the Supreme Court unanimously denied to grant legal recognition to same-sex marriages in the country, stating that there is no fundamental right to marry. The court has referred the decision regarding legislation of same-sex marriage to Parliament.
Adoption:
Chief Justice of India DY Chandrachud and Justice Sanjay Kishan Kaul advocated for recognizing same-sex partnerships and the need for anti-discrimination laws to protect LGBTQIA+ rights. They also argued for the right of same-sex couples to adopt children. However, the five-judge bench was divided on adoption by same-sex couples, with a 3:2 ruling against it in four separate judgments.
The judges agreed on various points:
- The Special Marriage Act is not unconstitutional.
- Transgender individuals in heterosexual relationships have the right to marry under existing or personal laws.
- There is no fundamental right to marry recognized by the Constitution.
- A High Powered Committee is to be established by the Union of India for a comprehensive examination, considering all stakeholders’ views.
- The court is beyond its authority to grant legal recognition to same-sex marriages.
- The court cannot strike down the Special Marriage Act.
- Queer individuals should not be subjected to involuntary medical treatment.
- State intervention in enabling marriage between queer couples cannot happen without a statute.
- The state will ensure that the choice made by queer couples is respected, enabling the LGBTQ+ community to exercise their rights.
This decision came after the court heard 20 petitions from various same-sex couples, LGBTQ+ activists, and transgender persons challenging provisions in the Special Marriage Act of 1954, the Hindu Marriage Act of 1955, and the Foreign Marriage Act of 1969, all seeking recognition of non-heterosexual marriages.
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