Featured

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

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.

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.”

 

 

 

 

OB Bureau

Recent Posts

Kriti Sanon’s Fun-Filled Christmas Celebrations With Rumoured Beau Kabir Bahia & ‘Santa Claus’ MS Dhoni

Mumbai: It was a fun-filled and loved-up Christmas for Kriti Sanon. The Bollywood actress took…

9 minutes ago

Centre Releases Rs 455 Cr Finance Commission Grants For Odisha

Bhubaneswar: The Union Government has released the 15th Finance Commission Grants for the financial year…

35 minutes ago

Warm Welcome For Odisha Team After Finishing Runners-Up In National Women’s Football Championship

Bhubaneswar: The Odisha team returned home on Wednesday after finishing runners-up in the Rajmata Jijabai…

51 minutes ago

Man Attempts Suicide After Killing Constable Wife In Cuttack

Cuttack: A man allegedly killed his wife, a police constable, and then reportedly attempted suicide…

1 hour ago

Delhi CM Atishi May Be Arrested Soon, Predicts Arvind Kejriwal; Check BJP’s Response

New Delhi: Arvind Kejriwal on Wednesday accused central agencies of conspiring to arrest Delhi chief…

1 hour ago

Christmas In Odisha: Santa Claus Calls For Gifting Trees For New Year

Bhubaneswar: Incessant rain failed to dampen the spirits of thousands of people including children and…

2 hours ago

This website uses cookies.