Understanding the Supreme Court’s Verdict on Same-Sex Marriages in India

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The Supreme Court of India has recently pronounced a significant verdict on same-sex marriages, addressing key aspects of marriage equality in the country. In this article, we’ll delve into the details of this landmark judgment and the various perspectives surrounding it.

Introduction

On October 17, 2023, the Chief Justice of India, DY Chandrachud, led a five-judge bench to deliver a unanimous verdict against the legalization of same-sex marriages in India. The bench also ruled, in a 3:2 verdict, against civil unions for non-heterosexual couples. This decision was reached after hearing arguments over a span of 10 days in April and May.

The Bench and Their Opinions

The bench, comprising Justices Sanjay Kishan Kaul, Ravindra Bhat, Hima Kohli, and PS Narasimha, played a crucial role in shaping the outcome of this case. Notably, Chief Justice Chandrachud and Justice Kaul advocated for civil unions for non-heterosexual couples. They stressed that the issue should be decided by the Parliament rather than the court.

The focus of the petitions filed in this case revolved around the gender-neutral interpretation of the Special Marriage Act (SMA), a secular legislation designed to facilitate inter-caste and inter-faith marriages. The petitioners sought a broader interpretation of the SMA to include same-sex marriages.

Justice Kaul believed that recognizing civil unions for non-heterosexual couples is a step towards achieving marriage equality, albeit stopping short of legalizing same-sex marriages. However, the court’s majority view was that there is no fundamental right to marry, and it should be the responsibility of the legislature or Parliament to decide on introducing same-sex marriage.

Legal Framework and Rights

The legal arguments presented during the case encompassed several critical aspects. These ranged from the right to equality and the right to privacy to the legal privileges and rights bestowed by marriage. Additionally, the impact of same-sex marriages on children was a topic of discussion.

Some opposing parties in this case included the Central government, the national child rights body NCPCR, and the Jamiat-Ulama-i-Hind, a body of Islamic scholars.

The Verdict and Its Implications

In a 3:2 verdict, the Supreme Court ruled against both civil unions and same-sex marriages, effectively stating that there is no fundamental right for non-heterosexual couples to marry. The majority opinion emphasized that the decision to introduce same-sex marriage should be made by the legislature or Parliament.

Justice Ravindra Bhat’s opinion favored leaving the matter of marriage equality for queer or LGBTQ couples to Parliament. He argued that such a significant change should be brought about through legislative acts, highlighting that approximately 160 laws would be impacted by this change.

Safeguards for the Queer Community

The Chief Justice, DY Chandrachud, directed the Centre to take specific actions to safeguard the rights and interests of the queer community. By striking down the provisions of the Special Marriage Act, he underscored that the benefits of progressive legislation would be lost. He proposed several measures, including:

1. Ensuring that the queer community is not discriminated against.
2. Guaranteeing non-discrimination in access to goods and services.
3. Sensitizing the public about queer rights.
4. Creating a hotline for the queer community.
5. Establishing safe houses or “Garima grih” for queer couples.
6. Ensuring that inter-sex children are not forced to undergo operations.
7. Prohibiting any person from being forced to undergo hormonal therapy.

Conclusion

The Supreme Court’s verdict on same-sex marriages in India has sparked significant discussions on the rights and legal recognition of non-heterosexual unions. While this judgment leaves the matter in the hands of Parliament, it underscores the ongoing struggle for equality and the protection of LGBTQ rights in the country.

Frequently Asked Questions

1. What was the Supreme Court’s verdict on same-sex marriages in India? The Supreme Court of India ruled against legalizing same-sex marriages and civil unions in a 3:2 verdict, emphasizing that there is no fundamental right for non-heterosexual couples to marry. The majority view was that the legislature or Parliament should decide on introducing same-sex marriage.
2. What were the key arguments made during the case? The arguments encompassed various aspects, including the right to equality, the right to privacy, legal privileges and rights granted by marriage, and the impact of same-sex marriages on children.
3. What safeguards did the Chief Justice suggest for the queer community? The Chief Justice directed the Centre to ensure that the queer community is not discriminated against, guarantee non-discrimination in access to goods and services, sensitize the public about queer rights, create a hotline for the queer community, establish safe houses for queer couples, and prevent forced operations and hormonal therapy.
4. What is the role of Parliament in the context of same-sex marriages? The majority opinion of the Supreme Court highlighted that the decision to introduce same-sex marriage should be made by the legislature or Parliament, emphasizing the importance of legislative acts in shaping this aspect of Indian law.
5. How many countries have legalized marriage equality? According to the Human Rights Campaign, a U.S.-based LGBTQ advocacy group, only 32 countries worldwide recognize same-sex marriage. These countries include the United States, Canada, Australia, Argentina, South Africa, and Taiwan, among others.

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In the wake of this significant ruling, the landscape of LGBTQ rights and same-sex marriages in India remains a dynamic and evolving conversation. The implications of this judgment will continue to shape the country’s legal and social landscape, highlighting the ongoing struggle for equality and acceptance.