Supreme Court Verdict on Same Sex Marriage News: The Supreme Court has refused to give legal validity to gay marriage. of Supreme Court
A five-judge Constitution bench headed by CJI Justice DY Chandrachud, in a 3-2 majority decision, said such permission can be given only by law and the court cannot interfere in legislative matters. It is noteworthy that the court had reserved its decision on May 11 after 10 days of hearing.
Homosexuals can be given the right to marry only by making a law.
On gay marriage, the Supreme Court said, "There is no inalienable right to marriage except where it is recognized under law. The conferring of legal status on a civil union can take place only through enacted legislation. Transsexual persons in homosexual relationships has the right to marry."
Justice Ravindra Bhatt said, "The Court cannot put the State under any obligation when there is no constitutional right to marriage or legal recognition of unions between non-heterosexual couples." He said he disagrees with CJI DY Chandrachud on the right of same-sex couples to adopt a child and raises some concerns on the issue.
Justice Sanjay Kishan Kaul said this
On gay marriage, Supreme Court judge Sanjay Kishan Kaul said that non-opposite-sex marriages also have the right to protection under the Constitution. He said legalizing gay marriage would be a major step toward marriage equality. However, it is important to keep in mind that marriage is not an end. We should maintain its autonomy in such a way that it does not impact the rights of others.
The CJI directed the Central and State Governments to ensure that there is no discrimination in access to goods and services for the gay community and directed the government to sensitize the public about gay rights. The government will create hotlines for the gay community, create 'Garima Grih', safe homes for same-sex couples facing violence and ensure that intersex children are not forced to undergo operations.
What did the petitioners say before the Supreme Court's decision?
Akkai Padmashali, one of the petitioners in the LGBTQI marriage case, said, "At 10.30 the constitutional bench of the country is going to give the much-awaited judgment which talks about marriage equality. More than 25 petitioners have gone to the Supreme Court saying that we as lesbians "Why can't gay, transgender, bisexual people get married?... If I want to marry a man and he agrees, what does society mean by it? Marriage is between individuals.."
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