SC refuses to legalise gay marriage, says jurisdiction lies with legislature
The Supreme Court in a 3:2 decision on Tuesday refused to legalise same-sex marriage in India and said that the parliament must decide on the issue. Reasoning that the Right to Marriage was not a fundamental right, the five-judge Constitution bench, including Chief Justice of India DY Chandrachud, ruled that gay marriage could not be legalised in the country.
The petitions were heard by a five-judge Constitution bench, including Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul, Justice Ravindra Bhat, Justice Hima Kohli and Justice PS Narasimha, which delivered four judgments. The bench gave a 3:2 judgment on the question of adoption rights to queer couples. Chief Justice of India DY Chandrachud and Justice SK Kaul recognised the right of queer couples to adopt, while Justice S Ravindra Bhat, Justice PS Narasimha and Justice Hima Kohli disagreed.
The judges, however, asked the Centre to proceed with the formation of a committee to address the concerns of same-sex couples, such as getting ration cards, pension, PF, gratuity and succession issues.
The top court’s verdict came after it reserved its judgment on a batch of pleas seeking legal validation for same-sex marriage on May 11, 2023.
Notably, the Supreme Court in 2014 recognised transgender people as the “third gender”. Later, in 2018, the top court struck down the colonial-era law and decriminalised homosexuality.
What does LGBTQIA+ stand for ?
L: Lesbian
G: Gay
B: Bisexual
T: Transgender
Q: Queer
I: Intersex
A: Asexual and ally persons.
Same-sex marriage: Timeline of the case
November 25, 2022: Two gay couples moved the SC seeking recognition of same-sex marriage under the Special Marriage Act.
December 14, 2022: SC issued notice in another plea filed by a same-sex couple. The married couple, including one Indian national and one US citizen, sought legal recognition of their marriage under the Foreign Marriage Act, 1969.
January-March 2023: The Supreme Court issued notices on more petitions filed seeking similar relief and tagged them with the main case.
March 12, 2023: The Centre filed an affidavit before the top court opposing same-sex marriages and argued that the concept of an Indian family involves a biological man and woman. It further stated that it won’t be possible for the court to change the legislative policies of the country that was deeply embedded in religious and societal norms.
April 6: The Delhi Commission for Protection of Child Rights (DCPCR) filed an intervention application, supporting same-sex marriages and the right of same-sex couples to adoption. This came after the Jamiat Ulama-I- Hind in April 2023 opposed the pleas seeking legal recognition of same-sex marriages.
April 15, 2023: The Supreme Court notified that the five-judge bench will hear the batch of petitions.
April 17, 2023: The Centre filed a new application and questioned the maintainability of the batch of pleas seeking same-sex marriages in India.
April 18: A five-judge Constitution Bench heard the pleas to decide whether same-sex marriage should be legalised in India.
May 11, 2023: A five-judge constitution bench headed by Chief Justice D Y Chandrachud reserved its verdict on the pleas after a marathon hearing of 10 days.
October 17, 2023: The Supreme Court delivered its much-anticipated judgment on pleas seeking legal validation for same-sex marriage, refusing to legalise it.
