Same-Sex Marriage: The Supreme Court on Tuesday refused to grant legal recognition to same-sex marriages, but in its judgement, the top court stated that the State legislatures are free to enact laws recognizing and regulating same-sex marriage in the absence of any central law made by the parliament.
In the postscript to the majority judgement, Justices S. Ravindra Bhat and Hima Kohli stated that State legislatures can also take action to recognise marriages of queer persons.
"The State may choose from a number of policy outcomes; they may make all marriage and family-related laws gender neutral, or they may create a separate SMA-like statute in gender-neutral terms to give the queer community an avenue for marriage, they may pass an Act creating civil unions, or a domestic partnership legislation, among many other alternatives. Another consequence may be that rather than the Union Government, the State legislatures take action and enacts law or frameworks, in the absence of a central law," the judgment said, as quoted by Bar and Bench.
Five-judge SC bench refuses to grant legal recognition to same-sex marriage. (Image: Reuters)
Earlier today, a five-judge Constitution bench of the Supreme Court refused to legalise same-sex marriages. Chief Justice of India DY Chandrachud, who was heading the bench pronouncing its verdict on 21 pleas seeking legal validation for same-sex marriages, said the court can't make law but only interpret it and it is for Parliament to change the Special Marriage Act.
"The right to enter into a union cannot be restricted on the basis of sexual orientation. Transgender persons in heterosexual relationships have the right to marry under the existing laws including personal laws. Unmarried couples, including queer couples, can jointly adopt a child," CJI said.
The CJI directed the Union Government to constitute a committee to decide the rights and entitlements of persons in queer unions.