New Delhi: For years, the LGBTQIA+ Community in India has been fighting for the recognition and protection of their relationships as one of their fundamental rights. While scrapping of Article 377 by the Supreme Court, which criminalised homosexuality has been a huge step towards recognising the individuals of this community, it is not enough. In India, same-sex marriages are not legal but efforts have been going on to recognise marriage between individuals of the same gender in India. Just how a five-judge Constitutional Bench had declared Article 377 as unconstitutional, all eyes were now on another five-judge Constitutional Bench of the Supreme Court, which was to declare its final verdict on the ongoing case regarding the Legality of Same-Sex Marriages in India. The five-judges Constitutional Bench has ruled against Same-Sex Marriages In India, the court proceedings’ live stream can be watched here. Read all key updates..
Supreme Court Bar Association Welcomes Decision
SC Bar Association welcomes decision, says legisation is Parliament’s domain
Sr Advocate Geeta Luthra, Who Appeared From Petitioners Side, Says..
Senior advocate Geeta Luthra who appeared for some of the petitioners in the marriage equality case says, “Even if the right to marriage has not been given, CJI has said that the same bundle of rights which every married couple has should be available to same-sex couples.”
#WATCH | Senior advocate Geeta Luthra who appeared for some of the petitioners in the marriage equality case says, "Even if the right to marriage has not been given, CJI has said that the same bundle of rights which every married couple has should be available to same-sex… pic.twitter.com/vWbJVUcYn3
— ANI (@ANI) October 17, 2023
5-Judge Constitutional Bench Unanimous On This Aspect
SC judges unanimous on one aspect – queerness is neither urban nor elite concept or characteristic.
Supreme Court Refuses To Grant Legal Recognition To Same-Sex Marriages But..
The Supreme Court on 17.10.2023 refused to grant legal recognition for queer marriages in India. However, four out of the five judges on the bench agreed to direct the Union of India to constitute a committee to examine the rights and entitlements of persons in queer union, without legal recognition of their relationship as a “marriage”.
Justice Chandrachud said the ability to choose a life partner goes to the roots of the right to life and liberty under Article 21 of the Constitution. The right to enter into a union includes the right to choose a partner and its recognition, the CJI said, adding that failure to recognise such an association would be discriminatory.
‘Homosexuality Or Queerness Not An Urban Concept’
To imagine queer as existing only in urban spaces would be like erasing them and queerness can be regardless of one’s caste or class, Justice Chandrachud said. He said homosexuality or queerness is not an urban concept or restricted to the upper class.
CJI’s Direction To Police
The CJI directed the police to conduct preliminary enquiry before registering an FIR against queer couple over their relationship.
CJI’s Direction To Police
The CJI directed the police to conduct preliminary enquiry before registering an FIR against queer couple over their relationship.
Centre, State, UTs To Take Steps To Sensitise Public
While reading out the operative portion of his verdict, he directed the Centre, states and UTs to take steps to sensitise public about queer rights and ensure that inter-sex children are not allowed sex-change operations at an age they cannot fully comprehend consequence.
Centre To Form A Committee
Justice Chandrachud said the court has recorded Solicitor General Tushar Mehta’s statement that the Centre will form a committee to decide the rights and entitlements of persons in queer unions.
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