Oh No! SC refuses to give legal recognition of marriage rights to the LGBTQIA+ community in India

MUMBAI :The Supreme Court, which was headed by a five judge constitution bench, refused to grant legal recognition to same sex marriages in India. Chief Justice of India D Y Chandrachud said that the court cannot make the law but only interpret it and the Parliament will have to change the Special Marriage Act. Justice Chandrachud also said that in this matter there were four judgements by himself, Justices Sanjay Kishan Kaul, S Ravindra Bhat and P S Narasimha.

The CJI said that queer is a natural phenomenon known for years and is neither urban nor elitist. 

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Supreme Court refuses to give marriage equality rights to the LGBTQIA+ community in India pic.twitter.com/IFjRVo0DRZ

— ANI (@ANI) October 17, 2023

Justice Kaul said, “Non-heterosexual and heterosexual unions must be seen as both sides of same coin” He also added that the recognition of non-heterosexual unions is the first important step toward same sex marriages. 

Same-sex marriage | Justice Ravindra Bhat reading his judgement says, "There cannot be an unqualified right to marry which is to be treated as a fundamental right. While we agree that there is a right to a relationship, we squarely recognise that it falls within Article 21. It… pic.twitter.com/nzNOpi6aV8

— ANI (@ANI) October 17, 2023

Justice Bhat added, “This court can't make law. It can only interpret it and give effect to it”

Justice Chandrachud stated that the court has recorded Solicitor General Tushar Mehta's statement, where a committee will be formed to figure out the rights and entitlements of people in queer unions. 

Reading the operative portion of the verdict, he stated that the UTs, states and the center should sensitize the public about the queer rights and also make sure thar inter-sex children are not granted permission for a sex-change operation at an age where they will not be able to understand the consequences. 

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The CJI also stated that the police should conduct a preliminary investigation before filing an FIR against a queer couple. Justice Chandrachud stated that the right to choose a life partner goes to the roots of the right to life as well as liberty under Article 21 of the Constitution. 

After the Apex court’s verdict, Adish Aggarwala, chairman of All India Bar Association said to the media, “I welcome the decision of the honourable Supreme Court in which they have not permitted the same-sex marriage.”

Some of the petitions urged the apex court to acknowledge such a union which would ensure LGBTQIA++ lead a "dignified" life like heterosexuals.

LGBTQIA++ stands for lesbian, gay, bisexual, transgender, queer, questioning, intersex, pansexual, two-spirit, asexual and ally persons.

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