New Delhi: The Supreme Court on Tuesday refused to legalise same-sex marriages in India, saying that amending the law was the job of the Parliament.
A five-judge Constitution bench headed by Chief Justice of India DY Chandrachud delivered its verdict in response to a batch of pleas seeking legal recognition for same-sex marriages. The bench, which also comprised Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and PS Narasimha, delivered four separate judgements.
In his opinion, the CJI has left it to the Parliament to decide on the issue. The CJI and Justice Kaul batted for civil unions for non-heterosexual couples.
The CJI added that the SC cannot strike down the provisions of the Special Marriage Act (SMA) or read words differently. The focus of the petitions filed is the gender-neutral interpretation of the SMA. “It is a secular legislation designed to facilitate inter-caste and inter-faith marriages. The petitioners have sought a broader interpretation of the SMA to include same-sex marriages too.”
Justice Kaul said the legal recognition of civil unions for non-heterosexual couples represents a step towards marriage equality. But all five judges agreed that there is no fundamental right to marry and in a majority verdict, the court has ruled against same-sex marriage. The majority view is that the legislature or Parliament must decide on bringing in same-sex marriage.
The top court had heard the arguments over 10 days in April and May. Arguments ranging from the right to equality to the right to privacy, the legal privileges and rights bestowed by marriage, and the impact of same-sex marriages on children were made.
Those opposing the petitioners included the Central government, the national child rights body NCPCR, and the Jamiat-Ulama-i-Hind, a body of Islamic scholars.