Page 2 - Same-sex Marriages

Same-sex marriage: Here's what CJI Chandrachud said in his judgement

CJI Chandrachud on Tuesday said, 'The right to enter into union includes the right to choose one's partner and the right to recognition of that union'

Five-judge SC bench refuses to grant legal recognition to same-sex marriage

A five-judge Constitution bench of the Supreme Court on Tuesday refused to grant legal recognition to same-sex marriages. Chief Justice of India D Y Chandrachud, who was heading the bench pronouncing its verdict on 21 pleas seeking legal validation for same-sex marriages, said the court can't make law but only interpret it and it is for Parliament to change the Special Marriage Act. At the outset, Justice Chandrachud said there are four judgments -- by himself, Justices Sanjay Kishan Kaul, S Ravindra Bhat and P S Narasimha -- in the matter. Justice Hima Kohli is also a part of the five-judge bench. Directing the Centre, states and Union Territories (UTs) to ensure the queer community is not discriminated against, the CJI, who is heading the constitution bench, said queer is a natural phenomenon known for ages and is neither urban nor elitist. Justice Kaul said he agrees with the CJI on grant of certain rights to queer couples. "Non-heterosexual and heterosexual unions must be seen

Same-sex marriage in India: Supreme Court to pronounce judgment today

Over 20 petitions advocating for legal equality of same-sex couples in matters of marriage, including adoption, succession, inheritance, divorce, among others have been placed before the Supreme Court

SC to deliver verdict on pleas seeking same-sex marriage validity today

The apex court had commenced hearing arguments in the matter on April 18

Latest LIVE: Supreme Court to pronounce verdict on same-sex marriage today

Catch all the latest updates from across the globe here

A change of heart

A heartfelt letter to the Chief Justice, appealing for the consideration of marriage equality, emphasises why it is such an emotive issue for so many parents

Legality to same sex marriage will have adverse impact on society: Survey

Same sex marriage is against the natural order of humanity and it will have an adverse impact on Indian society if legalised, a Pune-based women's organisation has claimed in a survey report. In its report, the Drishti Stree Adhyayan Prabodhan Kendra, which follows the Rashtriya Swayamsevak Sangh (RSS) line of thought, said that some people also believe that "legalisation of such marriages will create and promote anarchy and chaos in society". Responses of 57,614 people in 13 languages from across the country were taken for the survey on "the potential impact of same sex marriage on women, children and society if it gets a legal cover", it said. The respondents were from four different age groups and they identified themselves as "male, female and other gender". The report said according to data collected, "it has been observed that the majority of the received responses suggest a rigid approach for accepting 'same sex marriages' in the personal sphere of their life". "It also ...

Supreme Court rules in favour of Arvind Kejriwal in Delhi govt vs L-G case

In the Delhi government vs L-G case, the court said, Delhi government has legislative and executive powers over the administration of services except for public order, police, and land

SC reserves judgment on pleas seeking sanction for same sex marriage

It stressed that the legislature has the wherewithal to regulate the fallout and the court will not be able to foresee, envisage, comprehend, and thereafter deal with the fallout of that declaration

SC dismisses CJI's plea seeking recusal from hearing same-sex marriage case

From hearing pleas over validation in the same-sex marriage case to dismissing DY Chandrachud's application seeking recusal from hearing same-sex marriage plea, here are some of the important cases

May not be right course: Govt on SC's hint at same-sex marriage declaration

Centre told Supreme Court that court's hinting at a possibility of declaration being made something less than marriage but something more than the present status may not be correct course of action

Laws permit individual to adopt child: Supreme Court on same-sex marriage

SC said that "we have gone beyond motherhood and into parenthood and there are single parents too", adding that laws permit individual to adopt child irrespective of one's marital status

Marriage equality: No bar on adoption by same-sex couples, says CJI

The CJI asserted that even a single individual can adopt a child despite being in a same-sex relationship

It has to be alive that concept of marriage has evolved, says Supreme Court

The Supreme Court said on Tuesday it has to be alive to the fact that the concept of marriage has evolved and must accept the basic proposition that marriage itself is entitled to constitutional protection as it is not just a matter of statutory recognition. A five-judge Constitution bench headed by Chief Justice D Y Chandrachud, while hearing arguments on a batch of pleas seeking legal validation for same-sex marriage, said it would be "far-fetched" to argue that there is no right to marry under the Constitution, which itself is a "tradition breaker". Senior advocate Rakesh Dwivedi, appearing for Madhya Pradesh, argued heterosexual couples have a right to marry in accordance with custom, personal law and religion. This has been continuing and that is the foundation of their right, he said, while repeatedly urging the court to leave the issue of according legal sanctity to same-sex marriage to the legislature. "There cannot be any denial of the fact that State has a legitimate ...

Live streaming of proceedings takes court to homes of common citizens: SC

The Supreme Court Tuesday said live streaming of its proceedings has taken the court to the homes and hearts of common citizens and it is trying to use technology to ensure the live-streamed content is made available simultaneously in languages other than English so more people can follow. A five-judge constitution bench headed by Chief Justice D Y Chandrachud observed this while hearing arguments for the eighth-day on a batch of petitions seeking legal validation for same-sex marriage. Senior advocate Rakesh Dwivedi, appearing for Madhya Pradesh, said an important fallout of the proceedings is that there is a churning in society, and because of this debate and live streaming in different corners of the country, people are thinking about the issue. "The live-streaming of court proceedings has really taken our court absolutely to the homes and to the hearts of the common citizens and I think that is part of the process," said the CJI, who is heading the bench which also comprises ...

Homosexuality a disorder, will grow if same-sex marriage legalised: Survey

Many doctors and allied medical professionals believe that homosexuality is "a disorder" and it will increase further in society if same-sex marriage is legalised, according to a survey by Samwardhini Nyas, an affiliate of the women's wing of the RSS. A senior functionary of the Rashtra Sevika Samiti, a women's organisation which parallels the Rashtriya Swayamsevak Sangh (RSS), said the findings of the survey are based on 318 responses collected across the country covering medical practitioners from eight different pathies of treatment from modern science to Ayurveda. In their response to the survey, according to Samwardhini Nyas, nearly 70 per cent of the doctors and allied medical professionals stated that "homosexuality is a disorder" while 83 per cent of them "confirmed transmission of sexual disease in homosexual relations." "From the survey, it is observed that the decision to legalise such marriages may promote more disorder in the society rather than curing patients and ...

Right to choose partner does not imply right to marry above law: Govt to SC

The right to choose a partner does not necessarily imply the right to marry such person over and above the procedure established by law, the Centre Wednesday told the Supreme Court while urging it to dismiss the petitions seeking legal validation for same-sex marriage. In his written submissions, Solicitor General Tushar Mehta, appearing for the Centre, said there cannot be a presumption that the State is obliged to recognise all human relationships, rather the presumption has to be that State has no business to recognise any personal relationships, unless it has a legitimate state interest in regulating the same. A five-judge constitution bench headed by Chief Justice D Y Chandrachud is hearing arguments on a batch of pleas seeking legal sanction for same-sex marriage. Mehta said in his written submissions that any non-inclusion would not per se become unconstitutional and even more so if the State can establish a clear and discernible policy premised on an intelligible differentia

Same-sex marriage: We don't go by popular or segmental morality, says SC

Centre to form a panel to address 'genuine humane concerns' of same-sex couples

We don't go by segmental morality, says SC on same-sex marriage row

We don't go by either "popular morality or segmental morality" but what the Constitution mandates, the Supreme Court observed on Wednesday when an argument was advanced before it that young same-sex couples across the country wanted to get married. A five-judge constitution bench headed by Chief Justice D Y Chandrachud was hearing arguments on a batch of pleas seeking legal validation for same-sex marriage. During the arguments on the seventh-day of hearing, senior advocate Saurabh Kirpal, who is appearing for the petitioners, said they have spoken to gay people at various seminars and 99 per cent of them came up and said the only thing they want is to get married. Senior advocate Menaka Guruswamy, who is also representing the petitioners' side, said she has spoken at different events and found that young gay couples wanted to get married. "I don't say this as an elite lawyer. I say this having met these young people. Do not let them experience what we have experienced," she told

Same-sex couples: Govt to explore administrative steps to address concerns

The Centre on Wednesday told the Supreme Court that a committee headed by the cabinet secretary would be constituted to explore administrative steps for addressing some concerns of same-sex couples without going into the issue of legalising their marriage. Solicitor General Tushar Mehta, appearing for the Centre, told a five-judge Constitution bench headed by Chief Justice D Y Chandrachud, which is hearing a batch of pleas seeking legal validation of same-sex marriage, that the government is positive about the suggestion for exploring administrative steps in this regard. He told the bench, which also comprised justices S K Kaul, S R Bhat, Hima Kohli and P S Narasimha, that this will need coordination between more than one ministries. On the seventh day of hearing in the matter, Mehta said the petitioners can give their suggestions on the issue of exploring what administrative steps can be taken in this regard. While hearing the matter on April 27, the apex court had asked the Centr