Supreme Court refused to give legal recognition for same-sex marriage

The Supreme Court refused to give legal recognition to same-sex marriage in the country, and a five-judge constitutional bench gave this important verdict. The Supreme Court refused to give legal recognition to same-sex marriage in the country, and a five-judge constitutional bench gave this important verdict.

While 3 justices opposed legal recognition of same-sex marriage, two justices supported it. Also, the Supreme Court has opined that this is a matter for the government. All five justices agreed that marriage is not a fundamental right. And in a majority decision, the court ruled against same-sex marriage.

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The majority also held that the legislature should decide to bring about same-sex marriage. Justices Bhatt, Hima Kohli and Narasimha delivered the majority opinion, while CJI Chandrachud and Justice Kaul delivered the minority opinion. The Supreme Court reserved its verdict on Tuesday on whether to legalize same-sex marriages in India.

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A five-judge Constitution Bench headed by Chief Justice of India (CJI) DY Chandrachud and comprising Justices Sanjay Kishan Kaul, S Ravindra Bhatt, Hima Kohli and PS Narasimha had reserved the verdict on May 11 this year after a 10-day hearing. The Constitutional Bench held hearings for ten consecutive days and heard the arguments of the central government, the petitioners and all the parties concerned.

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Later, it heard the arguments of senior advocates AM Singhvi, Raju Ramachandran, KV Viswanathan, Anand Grover and Saurabh Kripal. The Supreme Court constituted a constitutional bench to hear petitions seeking legal recognition of same-sex marriages in India. “We have an enduring constitutional doctrine. We cannot legislate, we cannot frame policy, we cannot enter the realm of policy making,” said Justice SR Bhatt, who was part of the bench.

The petitions argued that marriage confers a number of rights, privileges and obligations “enforced and protected by law”. Delhi Commission for Protection of Child Rights (DCPCR) has asked to recognize such marriages. An arbitration petition was filed to assist the court on the impact of such marriages on children.