By- Srishti Verma
Supreme Court refused to legalise same-sex marriages in India. The apex court said it can’t compel the Parliament or the State to create a new institution of marriage
The top court recognised equal rights for queer people and their protection while calling for sensitization of the general public so they don’t face discrimination
CJI DY Chandrachud said all persons, including queer persons, have the right to judge the moral quality of their lives.
CJI Chandrachud also stated that the court can’t compel the Parliament or the State to create a new institution of marriage and that Section 4 of the Special Marriage Act can’t be held to be unconstitutional just because it doesn’t include same-sex couples.
The top court also refused adoption rights to queer couples in a 3:2 verdict
CJI said the law cannot assume that only heterosexual couples can be good parents as it would amount to discrimination against queer couples.
Union government had agreed to set up a committee to examine the administrative steps that could be undertaken to address some of the concerns in connection with basic social benefits for same-sex couples.
Supreme Court had observed that the suggestion of the Centre to form a committee to address ‘human concerns’ of same-sex couples is a ‘very fair suggestion’.
The petitioners were advised to sit with the government and chalk out issues that the committee could look into.