Same-sex marriage verdict: SC refuses to give marriage equality rights to the LGBTQIA+ community in India

Supreme Court on Tuesday has refused to give marriage equality rights to the LGBTQIA+ community in India. Soon after the decision, the president of Supreme Court Bar Association welcomed the decision of Supreme Court where they have not allowed same-sex marriage. “There is no unqualified right to marriage except as it recognised under the law”, […]

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Edited By: Sonia Dham
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Supreme Court on Tuesday has refused to give marriage equality rights to the LGBTQIA+ community in India.

Soon after the decision, the president of Supreme Court Bar Association welcomed the decision of Supreme Court where they have not allowed same-sex marriage.


“There is no unqualified right to marriage except as it recognised under the law”, SC

“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 says he does not agree with the directions issued by the CJI on the Special Marriage Act.

“Union Government will constitute a committee to decide the rights and entitlements of persons in queer unions”.

Justice Sanjay Kishan Kaul says “Non-heterosexual unions are entitled to protection under the Constitution.

CJI directs Union, State govts to ensure that queer people are not discriminated against on basis of their sexual orientation.

The court cannot make law but only can interpret and give it effect, says CJI Chandrachud.

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

CJI says there is a degree of agreement and there is degree of disagreement in the judgements.

CJI DY Chandrachud says there are four judgements.

Justice Sanjay Kishan Kaul on Same-sex marriage case said, Non-heterosexual unions are entitled to protection under the Constitution”

The Supreme Court Constitution bench is delivering its judgement 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.

(With inputs from ANI)