Same-Sex Marriage Verdict live: SC refuses to give marriage equality rights to the LGBTQIA+ community in India
Catch the live updates of Same-Sex Marriage Verdict
CHENNAI: The Supreme Court Constitution bench will deliver its judgement on Tuesday on various petitions pertaining to marriage equality rights for the LGBTQIA+ community.
The five-judge Constitution bench comprising of the Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and PS Narasimha is dealing with a batch of petitions pertaining to marriage equality rights for LGBTQIA+ community.
Advocate Arundhati Katju also said that they are waiting in anticipation of the judgement of the Supreme Court.
"It is a very big day and we are waiting in anticipation of the judgement of the Supreme Court. We've been waiting for this day for many years," Advocate Katju said.
***End of Live updates***
#WATCH | Supreme Court refuses to give marriage equality rights to the LGBTQIA+ community in India
One of the petitioners and activist Anjali Gopalan says, " We have been fighting for long and will keep doing so. Regarding adoption also nothing was done, what the CJI said was… pic.twitter.com/2ZyjPmdvi7— ANI (@ANI) October 17, 2023
| "I welcome the decision of the Supreme Court where they have not allowed same-sex marriage," says Supreme Court Bar Association president Adish Aggarwala.
Supreme Court refuses to give marriage equality rights to the LGBTQIA+ community in India
"There is no unqualified right to marriage except as it recognised under the law. Conferring legal status to civil union can only be through enacted law. Transsexual persons in homosexual relationships have the right to marry" says the Supreme Court on same-sex marriage
"Conferring legal status to civil union to queer people can only be through enacted law but these findings will not preclude the right of queer persons to enter into relationships," says Justice Bhat.
Justice Ravindra Bhat says, "The Court can't put the State under any obligation when there is no constitutional right to marry or legal recognition of unions among non-heterosexual couples."
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 includes the right to choose a partner and enjoy physical intimacy with them including the right to privacy, autonomy etc. and should enjoy this right undisturbed from society and when threatened State has to protect the same. There cannot be any doubt that there is a choice to have a life partner."
Justice Ravindra Bhat says he does not agree with the directions issued by the CJI on the Special Marriage Act.
Justice Kaul says legal recognition of same-sex unions is a step towards marriage equality. However, marriage is not the end. Let us preserve autonomy as it does not impinge on others' rights.