Supreme Court Defers Legalization Of Same-Sex Marriage To Parliament
Today, the Supreme Court made a significant ruling that, while falling short of legalizing marriage equality, emphasized that an individual’s right to enter into a union cannot be restricted based on sexual orientation. The five-judge bench delivered four separate judgments, with primary differences revolving around the question of adoption rights for queer couples.
The judges collectively called for the government to establish a committee to address practical concerns faced by same-sex couples, including issues like obtaining ration cards, pension, gratuity, and succession rights.
On the topic of adoption rights, the bench delivered a 3-2 judgment. Chief Justice of India DY Chandrachud and Justice SK Kaul recognized the right of queer couples to adopt, while Justice S Ravindra Bhat, Justice PS Narasimha, and Justice Hima Kohli disagreed.
Chief Justice Chandrachud underscored the importance of choosing a life partner as an integral part of one’s life journey, stating that this right is fundamental to the right to life and liberty under Article 21 of the Indian Constitution. He emphasized that the right to enter into a union includes the right to choose one’s partner, and denying recognition of such unions amounts to discrimination against queer couples.
He also rejected the notion that queerness is an urban, elite concept, asserting that it is not limited to specific classes of society. Justice Kaul agreed with the need for anti-discrimination legislation and highlighted that same-sex relationships have been recognized throughout history for emotional fulfillment.
Justice Bhat, while acknowledging the non-urban and non-elite nature of queerness, disagreed with Chief Justice Chandrachud’s directions. He argued that it is the legislature’s responsibility to create a legal framework for queer couples, as there are numerous aspects to consider.
All judges agreed that the court should not attempt to amend the Special Marriage Act, as doing so would encroach on the legislative domain. The Supreme Court’s rulings did not legalize marriage equality but affirmed the rights of queer couples to form unions and, in a split decision, to adopt. The court stressed the importance of addressing discrimination and practical concerns faced by same-sex couples and called for legislative action in certain areas.
