New Delhi Supreme Court Rejects Legal Recognition of Same-Sex Marriage
A landmark ruling leaves the decision to Parliament
In a unanimous decision, a constitution bench of the Supreme Court has dismissed the plea for legal recognition of same-sex marriage. The bench, headed by Chief Justice DY Chandrachud, concluded that it is the responsibility of Parliament to determine whether same-sex relationships should be officially recognized as marriages.
The court also emphasized that marriage is not a constitutional right. However, there was a difference in opinion among the five judges on whether same-sex couples should be allowed to adopt children. Justices S. Ravindra Bhatt, Hima Kohli, and PS Narasimha dissented from the view of Chief Justice Chandrachud and Justice Sanjay Kishan Cole. Four of the judges wrote separate judgments, with Justice Hima also signing the one written by Justice Bhatt. Justice Narasimha fully agreed with their position.
The court heard a total of 21 petitions related to the legality of marriages outside the traditional heterosexual union. While same-sex couples are not prohibited from living together, the registration of such partnerships as marriages requires an amendment to the Special Marriages Act, a matter beyond the jurisdiction of the court. The court clarified that LGBTQIA individuals, including transgender individuals, are free to marry people from other communities.
The court emphasized the need to eliminate discrimination based on same-sex relationships. It directed the police to conduct a preliminary investigation before registering any complaints related to same-sex relationships. The central and state governments were also instructed to create awareness in society to ensure that same-sex couples do not face discrimination.
In his critique, Chief Justice Chandrachud challenged the notion that same-sex relationships are limited to urban areas and the elite. He argued that such relationships are natural and have existed throughout history.
Formation of a central committee
The court ordered the government to establish a high-level committee, chaired by the Union Cabinet Secretary, to examine the rights and benefits of same-sex relationships that are currently not recognized as marriages. Solicitor General Tushar Mehta confirmed that the committee would be formed. The committee’s mandate includes addressing issues related to provident fund, employee state insurance, pension, opening bank accounts, and parental registration at schools.
Central position faces criticism
Chief Justice DY Chandrachud criticized the central argument that the court should not consider the petition on same-sex marriage. He argued that the assertion of only the legislative decision being democratic challenges the very validity of the judiciary. Democracy, according to the Chief Justice, extends beyond elections and courts play an essential role in upholding democratic values.
He further asserted that courts strengthen democracy rather than undermine it, as they have the authority to scrutinize the actions of legislatures and governments based on constitutional principles. When individuals are unable to exercise their democratic rights through the political process, they turn to the courts for justice. Hence, the Chief Justice emphasized that courts actively participate in the democratic process through their decisions.
NEW DELHI: A five-judge constitution bench of the Supreme Court has unanimously rejected the demand for legal recognition of same-sex marriage. The bench headed by Chief Justice DY Chandrachud ruled that Parliament should decide whether same-sex relationships should be recognized as marriages.
The court also said that marriage is not a constitutional right. Meanwhile, 3 other judges S. Ravindra Bhatt, Hima Kohli and PS Narasimha disagreed with Chief Justice and Justice Sanjay Kishan Cole’s view that same-sex couples can adopt children. 4 members of the five judge bench wrote separate judgments. Justice Hima also signed the judgment written by Justice Bhatt. Justice Narasimha fully agreed with their position.
The court considered 21 petitions seeking the legality of marriages outside the traditional marital relationship (male and female), including same-sex marriages. Same-sex couples are not prohibited from living together. However, to be registered as a marriage, the Special Marriages Act must be amended. This is not within the court’s jurisdiction. The court also said that LGBTQIA and more people, including transgender people, are not barred from marrying people from other communities.
There should be no discrimination on the basis of same-sex relationships. Before registering a case in complaints related to same-sex relationships, the police should conduct a preliminary investigation. The court also directed the central and state governments to create awareness in the society to ensure that same-sex couples do not face discrimination.
The Chief Justice criticized the mainstream view that same-sex interest was confined to the cities and the elite. He pointed out that same-sex relationships are natural and old-fashioned.
A central committee is needed to study the rights
The court directed the government to form a high-level committee under the chairmanship of the Union Cabinet Secretary to examine the rights and benefits of same-sex relationships not recognized as marriage. Solicitor General Tushar Mehta had stated during the hearing that the committee would be formed. The committee should consider issues including PF, ESI, pension, opening a bank account, registering in the school as parents etc.
Criticism from the central point of view that the petition should not be considered
New Delhi ∙ Chief Justice DY Chandrachud criticized in the judgment that the central position that only the decision of the legislatures is democratic questions the validity of the judiciary itself. The central position was that the court should not consider the same-sex marriage petition
Democracy is narrowly defined by those who say that the will of the people is overturned by judicial review. The Constitution envisages democracy not only through elections.
Courts strengthen democracy, not destroy it. Courts have the right to examine the actions of the legislatures and the government on the basis of constitutional values. Those who do not get their democratic rights through the political process go to court. The Chief Justice pointed out that the court participates in the democratic process through its decision.
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