Case Commencement (April 18): The Supreme Court begins hearing arguments on petitions seeking legal recognition for same-sex marriages.
Centre’s Stance (May 3): The Centre agrees to form a committee to examine administrative steps for addressing concerns of same-sex couples, without explicitly legalizing their marriage.
Four Judgments: Chief Justice of India D Y Chandrachud, along with Justices Sanjay Kishan Kaul, S Ravindra Bhat, and P S Narasimha, deliver separate judgments on the issue.
Verdict Day (Current Date): A five-judge Constitution bench led by CJI Chandrachud refuses to grant legal recognition to same-sex marriages. However, the bench directs the Center, states, and Union Territories to protect the queer community and avoid discrimination against them.
Refusal of Legal Recognition
The five-judge SC bench declines to grant legal recognition to same-sex marriages, asserting the role of Parliament in amending the Special Marriage Act.
Judicial Perspectives and Directions
Justices Chandrachud, Kaul, and Bhat express varying opinions on the rights and discrimination faced by the queer community, emphasizing the need for sensitization and equitable treatment.
Emphasis on Individual Rights
Chief Justice Chandrachud emphasizes the right to choose a life partner as a fundamental aspect of the right to life and liberty, advocating for non-discrimination based on sexual orientation.
Committee Formation and Social Awareness
The court records the Center’s commitment to establish a committee and promote public awareness of queer rights, urging protection for inter-sex children and avoiding hasty decisions regarding sex-change operations.
Societal Implications and Petitioner Perspectives
The hearings addressed societal implications, the role of personal laws, and arguments regarding dignity and equality for the LGBTQIA++ community, highlighting the need for a holistic approach to address their concerns.
Conclusion
The verdict reflects the complexities of legalizing same-sex marriages, emphasizing the importance of inclusive policies, societal awareness, and protection of individual rights, paving the way for potential advancements in promoting equality and non-discrimination for the queer community in India.
