In a historic ruling on October 17, 2023, the Supreme Court of India delivered its judgment on a series of petitions seeking legal recognition of same-sex marriage. The Constitution Bench, headed by Chief Justice D.Y. Chandrachud and comprising Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and PS Narasimha, delivered four separate judgments, with all judges except Justice Kohli providing their individual opinions.
**Key Points from CJI’s Verdict:**
1. **The Role of the Court:** Chief Justice Chandrachud emphasized that the court’s role is not to strike down or insert words into the Special Marriage Act to include same-sex couples under the existing law. Instead, he stressed that this responsibility falls on the Parliament and State legislatures.
2. **Marriage Laws:** The CJI affirmed that the legislative bodies have the authority to enact laws pertaining to marriage, indicating that the issue of same-sex marriage should be addressed through legislative channels.
3. **Dynamic Nature of Marriage:** While upholding the authority of the legislature in matters of marriage, the CJI acknowledged that the concept of marriage is not static. This recognition suggests that societal attitudes towards marriage may evolve, potentially paving the way for legal recognition of same-sex unions in the future.
4. **Equal Rights for Queer Persons:** Chief Justice Chandrachud underscored that queer individuals have an equal right and freedom to enter into a “union.” He expressed concern that the failure of the state to recognize the entitlements associated with such unions could disproportionately affect queer couples, who currently cannot legally marry.
5. **Importance of Acknowledgment:** In summary, the CJI’s verdict leaves the decision of whether to grant legal status to same-sex marriage to the legislature. However, he emphasized that a “union” or relationship between queer couples should not be ignored or subject to discrimination by the state.
This judgment marks a significant milestone in the ongoing discussion of LGBTQ+ rights and same-sex marriage in India. While the court did not directly provide legal recognition, it has opened the door for potential legislative changes in the future. The decision emphasizes the importance of acknowledging and addressing the rights and freedoms of queer individuals in the context of marriage.
For the latest updates on this landmark ruling and its implications, stay tuned to our coverage.