 "Chief Justice of India (CJI) DY Chandrachud")
The Supreme Court, on Tuesday, delivered its much-anticipated judgement on pleas seeking legal validation for same-sex marriage. On May 11, a Constitution Bench led by Chief Justice of India (CJI) DY Chandrachud and comprising Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and PS Narasimha reserved its verdict on the pleas after a marathon hearing of 10 days.
A batch of petitions before the Supreme Court sought the recognition of same-sex marriages under law, arguing that the right to marry a person of one's choice should extend to LGBTQIA+ citizens as well. The government had opposed the petitions.
Here's what the Chief Justice of India said while reading out the verdict.
1. This court (Supreme Court) can't make law. It can only interpret it and give effect to it.
2. Whether a change is needed in the regime of the Special Marriage Act (SPA) is for the Parliament to decide. This court must be careful not to enter into the legislative domain.
3. Incorrect to state that marriage is a static and unchanging institution.
4. Queer is a natural phenomenon known for ages. Homosexuality or queerness is not an urban concept or restricted to the upper classes of society.
5. Our ability to feel love and connection with one another makes us feel human. We have an innate need to be seen and see. The need to share our emotions makes us who we are. These relationships may take many forms: natal families, romantic relationships, etc.
6. The need to form part of a family is a core part of the human trait and is important for self-development.
7. 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.
8. 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.
9. All persons, including queer persons, have the right to judge the moral quality of their lives. The meaning of liberty is the ability to be who one wishes to be.
10. This court has recognised that queer persons cannot be discriminated against. Material benefits and services flowing to heterosexual couples and denied to queer couples will be a violation of their fundamental right.
11. It cannot be assumed that unmarried couples are not serious about their relationship.
12. The right to enter into a union cannot be restricted on the basis of sexual orientation.
13. Withdrawal of the State from the domestic space leaves the vulnerable party unprotected. Thus, all intimate activities within private space cannot be said to be beyond the State's scrutiny.
14. Whether a change in the regime of the Special Marriage Act is for the Parliament to decide. This Court must be careful not to enter into the legislative domain.
15. The Centre should proceed with its committee, headed by the Cabinet Secretary, to address the raft of concerns of same-sex couples, including ration cards, pension, gratuity and succession not allowed.
