SC refuses to accord legal recognition to same-sex marriage

Team Blitz India

NEW DELHI: A five-judge Constitution Bench of the Supreme Court has unanimously refused to accord legal recognition to same-sex marriage under the Special Marriage Act, ruling that it is within Parliament’s ambit to change the law for validating such union.

The apex court, however, recognised equal rights for queer people and their protection, while calling for sensitisation of the general public so they don’t face discrimination.

The court, while passing four separate verdicts on October 17, was unanimous in holding that there is “no unqualified right” to marriage, and same-sex couples can’t claim it as a fundamental right under the Constitution.

Chief Justice of India DY Chandrachud, who is heading the Constitution Bench, said queer is a natural phenomenon known for ages and is neither urban nor elitist.The other members of the Bench were justices SK Kaul, Ravindra Bhat, Hima Kohli and P.S. Narasimha.

Solicitor General Tushar Mehta welcomed the judgment saying, “I am happy that my stand has been accepted.”
The Rashtriya Swayamsevak Sangh also hailed the decision, saying Parliament can hold a discussion on its various aspects and take “appropriate” decisions.