Same-Sex Marriage Verdict live: SC refuses to give marriage equality rights to the LGBTQIA+ community in India

 CJI says material benefits/ services given to heterosexual couples & denied to queer couples will be a violation of their fundamental rights

Ability to choose life partner goes to root of right to life and liberty under Article 21, says CJI Chandrachud

CJI says, "This Court has recognised that queer persons are not discriminated against and their union cannot be discriminated against based on sexual orientation. All persons, including queer persons, have the right to judge the moral quality of their lives. The gender of a person is not the same as their sexuality."

Whether a change in the regime of the Special Marriage Act is required is for the Parliament to decide. This Court must be careful to not enter into legislative domain, says CJI.

 CJI Chandrachud says it’s incorrect to say marriage is a static and unchanging institution. If the Special Marriage Act is struck down, it will take the country to the pre-Independence era, he adds.

CJI Chandrachud says homosexuality or queerness is not an urban concept or restricted to the upper classes of society....Queerness can be regardless of one's caste or class or socio-economic status.

 "The doctrine of separation of powers cannot stand in the way of the court issuing directions to protect fundamental rights. The court cannot make law but only can interpret and give it effect," says CJI Chandrachud.

 CJI Chandrachud says homosexuality or queerness is not an urban concept or restricted to the upper classes of society.

CJI DY Chandrachud says he has dealt with the issue of judicial review and separation of powers.

"The doctrine of separation of powers means that each of the three organs of the State perform distinct functions. No branch can function any others' function. The Union of India suggested that this court would violate the doctrine of separation of powers if it determines the list. However, the doctrine of separation of powers does not bar the power of judicial review. The Constitution demands that this court protect the fundamental rights of citizens. The doctrine of separation of powers does not come in the way of this court issuing directions for the protection of fundamental rights," CJI Chandrachud adds.

CJI DY Chandrachud says there are four judgements. CJI says there is a degree of agreement and there is degree of disagreement in the judgements.