The Constitution bench of the Supreme Court delivered the much-awaited decision on legal validation of same-sex and queer marriages today. The bench refused to grant legal recognition for same-sex and queer marriages in India as well as declined the right of adoption to queer couples by a 3:2 majority. Four different opinions have been expressed by the Constitution bench written by Chief Justice of India DY Chandrachud, Justice Hima Kohli, Justice S Ravindra Bhat, Justice PS Narasimha, and Justice Sanjay Kishan Kaul. The important takeaways from the judgment include:
During the court proceedings, the CJI while reiterating that it was up to Parliament to decide whether to expand marriage laws and include queer unions, said, “This court can’t make law. It can only interpret it and give effect to it”. In this context, Mario da Penha, one of the petitioners said it was ‘a day to be disappointed but not to lose hope’. After hearing all the contentions of the petitioners and others, the bench delivered the judgment that refuse to grant legal recognition for same-sex and queer marriages in India. In Asia, Taiwan became the first jurisdiction in May to recognize same-sex marriages, and an interim order was issued by Nepal’s Supreme Court in July enabling the registration of same-sex marriages.
Explore Supreme Court Judgments for Free