• 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

2 years ago
Odisha Head Of Maoists Ganesh Uike Among 4 Killed In Kandhamal Encounter

Odisha Head Of Maoists Ganesh Uike Among 4 Killed In Kandhamal Encounter

23 minutes ago
Security Guard Among 5 Arrested In Talcher Double Murder Case Linked To ‘Theft Attempt’

Security Guard Among 5 Arrested In Talcher Double Murder Case Linked To ‘Theft Attempt’

1 hour ago
Odia Comedian Mr Gulua Appeals For Help Amid ‘Death Threats & Extortion Demands’ [Watch]

Odia Comedian Mr Gulua Appeals For Help Amid ‘Death Threats & Extortion Demands’ [Watch]

1 hour ago
Several Dead & Injured After Bus-Truck Collision In Karnataka’s Chitradurga

Several Dead & Injured After Bus-Truck Collision In Karnataka’s Chitradurga

1 hour ago
Six-Hour Bandh Over 10-Yr-Old Girl’s ‘Rape-Murder’ Paralyses Chandbali In Odisha

Six-Hour Bandh Over 10-Yr-Old Girl’s ‘Rape-Murder’ Paralyses Chandbali In Odisha

2 hours ago
Sudarsan Pattnaik Creates Record With 60ft Apples-Sand Santa Claus On Puri Beach

Sudarsan Pattnaik Creates Record With 60ft Apples-Sand Santa Claus On Puri Beach

3 hours ago
Latest Odisha Breaking News Updates | Thursday, 25 December 2025

Latest Odisha Breaking News Updates | Thursday, 25 December 2025

3 hours ago
CM Majhi Pays Tribute To Atal Bihari Vajpayee On Birth Anniv; Flip Through His Odisha Chapter

CM Majhi Pays Tribute To Atal Bihari Vajpayee On Birth Anniv; Flip Through His Odisha Chapter

3 hours ago
Odisha Cabinet Approves Smart Meter Phase-I, Waives Rent For 87% Consumers

Odisha Cabinet Approves Smart Meter Phase-I, Waives Rent For 87% Consumers

4 hours ago
Baraputra Aitihya Gram Yojana To Preserve Odisha’s Iconic Figures’ Legacy Gets Cabinet’s Nod

Baraputra Aitihya Gram Yojana To Preserve Odisha’s Iconic Figures’ Legacy Gets Cabinet’s Nod

15 hours ago
Odisha Cabinet Approves Tender For Lift Irrigation Projects In Jharsuguda’s Upland Areas

Odisha Cabinet Approves Tender For Lift Irrigation Projects In Jharsuguda’s Upland Areas

15 hours ago
Kartik Aaryan Opens Up On Bollywood’s Insider-Outsider Debate, Says It’s Good For Budding Artists

Kartik Aaryan Opens Up On Bollywood’s Insider-Outsider Debate, Says It’s Good For Budding Artists

15 hours ago
  • Home
  • About us
  • Career
  • Contact
  • Privacy Policy
  • Terms of Usage
Thursday, December 25, 2025
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
OB Bureau

OB Bureau

Related Posts

Several Dead & Injured After Bus-Truck Collision In Karnataka’s Chitradurga

Several Dead & Injured After Bus-Truck Collision In Karnataka’s Chitradurga

by OB Bureau
December 25, 2025

Chitradurga (Karnataka): Several passengers were charred to death after a private sleeper bus on Thursday collided with a lorry and...

Nobody Can Lay A Hand On a Country That Is Strong, Gadkari says While Recounting Meeting With Hamas Leader Hours Before Assassination

Nobody Can Lay A Hand On a Country That Is Strong, Gadkari says While Recounting Meeting With Hamas Leader Hours Before Assassination

by OB Bureau
December 24, 2025

New Delhi: While highlighting the importance of a nation to be strong both technologically and militarily, Union transport minister Nitin...

Aravalli hills no new mining

Aravalli Hills Controversy: No New Mining Lease, Will Protect Entire Range, Assures Centre

by OB Bureau
December 24, 2025

New Delhi: The Centre on Wednesday made a significant move to address concerns over mining in Aravalli hills following the...

Can’t Declare Anil Ambani’s Or His Company’s Accounts ‘Fraud’, Bombay HC Tells Three Banks

Can’t Declare Anil Ambani’s Or His Company’s Accounts ‘Fraud’, Bombay HC Tells Three Banks

by OB Bureau
December 24, 2025

Mumbai: In a major relief for Anil Ambani, the Bombay High Court, on Wednesday, stayed all present and future actions...

OdishaBytes

Copyright © 2025 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 © 2025 Frontier Media