Supreme Court says gay marriage cannot be legalized – Gudstory

By a majority of 3–2, the Court also refused to grant constitutional protections to civil unions and the right to adopt to same-sex couples, finding that ordering the state to grant recognition or legal status to certain unions violates the separation of powers. There will be a violation of the principle and there may be consequences. For unexpected results.

“This court cannot make law; He can only interpret it and implement it. The judgment said, while exercising the power of judicial review, the court should stay away from matters, especially those bearing on policy, which fall within the legislative domain.

Constitution Bench – comprising Chief Justice of India (CJI) Dhananjay Y Chandrachud and Justices Sanjay Kishan Kaul, S. Ravindra Bhat, Hima Kohli and PS Narasimha – were unanimous that the right to marry is not a fundamental right, and said that it is a fundamental right. Beyond the remit of the courts to issue positive directions to the legislature to mark same-sex marriage and heterosexual relationships through a new instrument of law.

The unanimous opinion of the bench said, “The directions or orders of this court cannot encroach upon the jurisdiction of the legislature.” Given that the Parliament and State Legislatures have made laws creating and regulating the socio-legal institution of marriage under the Constitution.

But the two sides disagreed on two key aspects – recognition of civil unions, which is considered the first step towards giving full marriage equality around the world, and adoption rights.

The verdict dashed the hopes of about 20 petitioners who had approached the top court arguing that not recognizing their relationships deprived them of the material rights that their heterosexual partners enjoyed, and this His constitutional rights were violated.

“We are extremely disappointed with today’s decision,” petitioner Supriyo Chakraborty said.

The ruling in the landmark case got off to a hopeful start for the petitioners as Chandrachud and Kaul agreed, condemning discrimination against same-sex couples, recognizing civil unions and affirming the rights of LGBTQ+ people to adopt. Read the decisions.

But more than 100 minutes into the verdict, it became clear that both judges were in the minority, when Jebhat and Kohli concurred in their judgment and Justice Narasimha read out his separate judgment.

“It was a roller-coaster of emotions for us. I was on the phone with my family, and one moment we thought we had it, and the next moment there was disappointment,” said Sameer Samudra, a petitioner.

The focus will now focus on a high-powered committee headed by the Union Cabinet Secretary, which the government had promised to set up during the hearing to examine concerns affecting the rights of non-heterosexual couples and take corrective measures.

The minority decision set out the terms of reference for the panel – medical, prison visitation and financial rights, as well as questions of inheritance, maintenance and pensions – and said the recommendations would be implemented through administrative orders. However, the majority decision was limited to the composition of the panel.

Solicitor General Tushar Mehta, who led the Centre’s opposition to legal recognition for gay couples, welcomed the decision.

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Updated: October 18, 2023, 12:14 am IST