• Latest
  • Trending
  • All
  • Sport
  • Cricket
  • Odisha
Supreme Court Declines To Legalise Same-Sex Marriage; Check Crucial Observations

Supreme Court Declines To Legalise Same-Sex Marriage; Check Crucial Observations

3 years ago
Sonam Wangchuk

Sonam Wangchuk Will End Fast If Govt Spares Students From Legal Action; Fresh Violence Near Jantar Mantar

9 hours ago
ravenshaw university

Unauthorised Occupancy, Pending Dues: Odisha Govt Issues 7-Day Deadline To Ravenshaw

10 hours ago
Ranbir Kapoor, Sai Pallavi And Yash’s ‘Ramayana’ Character Art Takes The Internet By Storm

Ranbir Kapoor, Sai Pallavi And Yash’s ‘Ramayana’ Character Art Takes The Internet By Storm

10 hours ago
‘Abolish NEET’: Vijay Voices Support For CJP Protests Ahead Of ‘Jana Nayagan’ Release

‘Abolish NEET’: Vijay Voices Support For CJP Protests Ahead Of ‘Jana Nayagan’ Release

11 hours ago
covid situation

COVID-19: First Positive Case In Odisha In Brahmapur; State Govt Says No Cause For Panic

11 hours ago
‘Jana Nayagan’ Sparks Vijay Mania Worldwide, From Giant Singapore Cutout To Chennai Ticket Queues

‘Jana Nayagan’ Sparks Vijay Mania Worldwide, From Giant Singapore Cutout To Chennai Ticket Queues

11 hours ago
Delhi Police excesses pleas in court

‘Preserve CCTV Footage & All Records’: Delhi HC On Plea Alleging Police Brutality During CJP Protest

11 hours ago
‘I Didn’t Say A Word’: Ayesha Khan Claims Mumbai Police Pushed Her Into Van And Detained Her

‘I Didn’t Say A Word’: Ayesha Khan Claims Mumbai Police Pushed Her Into Van And Detained Her

12 hours ago
Lalit Modi to return home

‘Truth Has Finally Emerged’: IPL Founder Lalit Modi Set To Return To India After 16 Years

12 hours ago
Odisha CMO Missing Files Case: VK Pandian Asked To Appear Before Police On July 25

Odisha CMO Missing Files Case: VK Pandian Asked To Appear Before Police On July 25

12 hours ago
ZEE5 Announces New Series On Paper Leaks, Student Suicides Amid Nationwide Protests

ZEE5 Announces New Series On Paper Leaks, Student Suicides Amid Nationwide Protests

12 hours ago
Tapan Mohanty, Tapeswaranath Das, Pranati Nayak

3 Odisha AM/NS India HPC Gymnasts To Vie For Glory In Glasgow Commonwealth Games

13 hours ago
  • Home
  • About us
  • Career
  • Contact
  • Privacy Policy
  • Terms of Usage
Thursday, July 23, 2026
No Result
View All Result
OdishaBytes
  • Home
  • Odisha
    • Policy & Politics
    • City
  • India
  • Sport
    • Cricket
    • Football
    • Hockey
    • IPL
  • Entertainment
    • Music
    • Movie Review
    • Television
    • Bollywood
    • Hollywood
    • Ollywood
  • Business
  • Lifestyle
    • Travel
    • Food
    • Health
    • fashion
  • World
  • More
    • News You Can Use
    • Good News
    • Viral Videos
    • Tech
      • Cars & Bikes
      • Mobile & Gadgets
      • Review
  • Home
  • Odisha
    • Policy & Politics
    • City
  • India
  • Sport
    • Cricket
    • Football
    • Hockey
    • IPL
  • Entertainment
    • Music
    • Movie Review
    • Television
    • Bollywood
    • Hollywood
    • Ollywood
  • Business
  • Lifestyle
    • Travel
    • Food
    • Health
    • fashion
  • World
  • More
    • News You Can Use
    • Good News
    • Viral Videos
    • Tech
      • Cars & Bikes
      • Mobile & Gadgets
      • Review
No Result
View All Result
OdishaBytes
No Result
View All Result
Home Featured

Supreme Court Declines To Legalise Same-Sex Marriage; Check Crucial Observations

by OB Bureau
October 17, 2023
in Featured, India
Reading Time: 3 mins read
Supreme Court Declines To Legalise Same-Sex Marriage; Check Crucial Observations
491
SHARES
1.4k
VIEWS
Share on FacebookShare on Twitter

New Delhi: While pronouncing the verdict on same-sex marriage, Chief Justice of Supreme Court DY Chandrachud on Tuesday said that a transgender man can marry a woman or vice-versa, but this does not result in the creation of an institution.

While refusing to give marriage equality rights to LGBTQIA+ community in India, the CJI said, “This court cannot compel Parliament or state assemblies to create a new institution of marriage. We also cannot hold the Special Marriage Act unconstitutional just because it doesn’t recognise same-sex marriages, nor can we redraft the law or other legal provisions to substitute man and woman for husband and wife. The judiciary cannot legislate,” he said.

ADVERTISEMENT

He, however, added that striking down the Special Marriage Act would take the country to the “pre-independence era”.

The five-judge bench, which also included Justices Sanjay Kishan Kaul, Ravindra Bhat, Hima Kohli, and PS Narasimha, emphasised that they were only considering the legal aspects of the Special Marriage Act and the Foreign Marriage Act and were not recognising non-heterosexual marriages.

The CJI further said the right to marriage is not a fundamental one and it attained significance as a legal institution largely because it’s regulated by the state and comes with a number of material benefits.

He, however, added that several facets of the marital relationship are reflections of constitutional values, including the right to human dignity and the right to life and personal liberty. “Choosing a life partner is an integral part of choosing one’s course of life. Some may regard this as the most important decision of their life. This right goes to the root of the right to life and liberty under Article 21 [of India’s constitution].”

“The right to enter into a union includes the right to choose one’s partner and the right to recognition of that union. A failure to recognise such associations will result in discrimination against queer couples.”

“Material benefits/services given to heterosexual couples & denied to queer couples will also be a violation of their fundamental rights.”

While announcing it’s for Parliament and state legislatures to legally recognise queer marriages, he further said, “We record the statement of the Solicitor General that the Union Government will constitute a committee to decide the rights and entitlements of persons in such unions.” The committee shall consider the following – include queer couples as family in ration cards, enabling queer couples to nominate for joint bank account, rights flowing from pension, gratuity etc.., he added.

Chief Justice Chandrachud further observed that unmarried couples, including queer couples, can jointly adopt a child. “There is no material which proves that only a married heterosexual couple can provide stability to a child. The CARA circular not giving adoption rights to queer couples is violative of Article 15 of the Constitution,” he said.

Justice Sanjay Kishan Kaul, the second senior-most judge on the bench, said “this is an opportunity for us to remedy the historical injustice and discrimination [against LGBTQ+ people] and thus governance is needed to grant rights to such unions or marriages”.

He added, that “the court cannot grant LGBTQ+ people the right to marry as that is a legislative exercise”.

While majority view was that the legislature must decide on bringing in same-sex marriage, Justice Ravindra Bhat said that he did not agree with the directions issued by the CJI on the Special Marriage Act, and giving LGBTQ+ couples the right to jointly adopt children.

The CJI also directed the Centre to ensure the queer community is not discriminated against, ensure there is no discrimination in access to goods and services, sensitise the public about queer rights, create a hotline for the queer community, create safe houses or Garima grih for queer couples, ensure inter-sex children are not forced to undergo operations and ensure that no person shall be forced to undergo any hormonal therapy. He also issued guidelines to police to not harass queer people or force them to return to their natal families.

 

 

 

 

Share196Tweet123
ADVERTISEMENT
Previous Post

Man Dies As Car Falls Into Canal On Puri-Nirakarpur Road In Odisha

Next Post

HC Admits Actor-Odisha MP Anubhav Mohanty’s Plea, Issues Notice To Varsha Priyadarshini

OB Bureau

OB Bureau

Related Posts

Sonam Wangchuk

Sonam Wangchuk Will End Fast If Govt Spares Students From Legal Action; Fresh Violence Near Jantar Mantar

by OB Bureau
July 22, 2026

New Delhi: Sonam Wangchuk has said he is ready to end his hunger strike once the Central government assures him...

Delhi Police excesses pleas in court

‘Preserve CCTV Footage & All Records’: Delhi HC On Plea Alleging Police Brutality During CJP Protest

by OB Bureau
July 22, 2026

New Delhi: The way Delhi Police handled the Cockroach Janata Party’s (CJP) march to Parliament on July 20 is snowballing into...

Border Stability Essential For Normalising Of Relations Between Two Countries, Jaishankar Tells Chinese Counterpart

Border Stability Essential For Normalising Of Relations Between Two Countries, Jaishankar Tells Chinese Counterpart

by OB Bureau
July 22, 2026

Manila: Ensuring stability along frontier regions remains a 'pre-requisite" for restoring standard diplomatic engagements between the two most populous countries...

Dharmendra Pradhan and daughter Naimisha

‘Why Pursue Foreign Degree’? Dharmendra Pradhan’s Daughter Disables Instagram Account Amid Massive Online Outrage

by Amitava Dasgupta
July 22, 2026

New Delhi: As Union Education minister Dharmendra Pradhan continues to face the heat over NEET-UG paper leak, even his daughter...

Next Post
HC Admits Actor-Odisha MP Anubhav Mohanty’s Plea, Issues Notice To Varsha Priyadarshini

HC Admits Actor-Odisha MP Anubhav Mohanty’s Plea, Issues Notice To Varsha Priyadarshini

TPCODL RathaYatra TPCODL RathaYatra TPCODL RathaYatra
OMC-Ad OMC-Ad OMC-Ad
CUTM-Admission-2026 CUTM-Admission-2026 CUTM-Admission-2026
SAI International School SAI International School SAI International School
OdishaBytes

Copyright © 2026 Frontier Media

Navigate Site

  • About
  • Advertise
  • Privacy & Policy
  • Contact
  • News Feed

Follow Us

No Result
View All Result
  • Home
  • Odisha
    • Policy & Politics
    • City
  • India
  • Sport
    • Cricket
    • Football
    • Hockey
    • IPL
  • Entertainment
    • Music
    • Movie Review
    • Television
    • Bollywood
    • Hollywood
    • Ollywood
  • Business
  • Lifestyle
    • Travel
    • Food
    • Health
    • fashion
  • World
  • More
    • News You Can Use
    • Good News
    • Viral Videos
    • Tech
      • Cars & Bikes
      • Mobile & Gadgets
      • Review

Copyright © 2026 Frontier Media