SC verdict on same sex marriages Explained Highlights: No fundamental right of same-sex couples to marry, says Supreme Court
Supreme Court Same-Sex Marriage Verdict Explained Live: A five-judge bench of the Supreme Court that was headed by Chief Justice of India DY Chandrachud, unanimously ruled against legalising same sex marriage in India today (October 17). The bench also ruled in a 3:2 verdict against civil unions for non-heterosexual couples. It comprised Justices Sanjay Kishan Kaul, Ravindra Bhat, Hima Kohli and PS Narasimha.
Same-Sex Marriage Verdict:SC refuses to give marriage equality rights to LGBTQIA+ community in India
Same-Sex Marriage Verdict: The petitioners argued the same sex couples should be granted the same rights as any heterosexual couples like the status of spouse in finance and insurance issues; medial, inheritance, and succession decisions, and even in adoption and surrogacy matters.
Same-Sex Marriage Verdict LIVE Updates: SC to deliver judgement today
Same-Sex Marriage Verdict: The Supreme Court pronounced its verdict on the legal recognition of same-sex marriage today ie. on 17 October. The apex court had reserved its judgment on 11 May on a batch of pleas seeking legal validation for same-sex marriage. The five-judge Constitution bench that was hearing the pleas comprised Chief Justice DY Chandrachud and Justices SK Kaul, SR Bhat, Hima Kohli and PS Narasimha. During the course of hearings, the petitioners said that “India is a marriage-based culture" and that LGBT (lesbian, gay, bisexual, and transgender) couples should be granted the same rights as any heterosexual couples have, like the status of “spouse" in finance and insurance issues; medial, inheritance, and succession decisions, and even in adoption and surrogacy matters.
Same-sex marriage: Solicitor General Tushar Mehta hails SC verdict
Solicitor General Tushar Mehta on Tuesday welcomed the Supreme Court judgement refusing to accord legal recognition to same-sex marriage under the Special Marriage Act and leaving the issue for Parliament to decide.
The solicitor general, the key lawyer for the Centre who urged the top court to let Parliament take a call on the matter since it fell within the ambit of the legislature, said, “I wholeheartedly welcome the judgment. I am happy that my stand has been accepted."
“All four judgements have taken the jurisprudence of our nation and the intellectual exercise which went into writing the judgments to a next level. There are very few courts in the world where one can expect this level of intellectual and scholarly judicial exercise. This judgement would be read across jurisdictions," he said in a statement.
RSS welcomes SC verdict on same-sex marriages
The Rashtriya Swayamsevak Sangh (RSS) on Tuesday welcomed the Supreme Court's decision on same-sex marriage, saying Parliament can hold a discussion on its various aspects and take "appropriate" decisions.
A five-judge Constitution bench of the Supreme Court refused to grant legal recognition to same-sex marriages earlier in the day.
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.
‘Welcome the decision’ Supreme Court Bar Association president Adish Aggarwala.
Supreme Court Bar Association president Adish Aggarwala said, “I welcome the decision of the Supreme Court where they have not allowed same-sex marriage."
‘Even if the right to marriage has not been given, CJI has…’ Senior advocate Geeta Luthra
Senior advocate Geeta Luthra who appeared for some of the petitioners in the marriage equality case says, "Even if the right to marriage has not been given, CJI has said that the same bundle of rights which every married couple has should be available to same-sex couples."
'SC shouldn't give recognition...not consistent with Indian values': Top cleric on same-sex marriage
As the five-judge Constitution Bench of the Supreme Court, led by Chief Justice of India (CJI), Justice DY Chandrachud, held a crucial hearing on a batch of pleas seeking recognition of same-sex marriage, Muslim cleric Maulana Sajid Rashidi said urged the apex court not to recognise such marriages and rule them as a "crime" instead.
Speaking to ANI on Tuesday, Maulana Rashidi, said same-sex marriage was consistent with India's culture and was, in fact, a practice borrowed from the West.
"The practice does not represent the Indian culture and is, in fact, an idea borrowed from the West. The Europeans and the West are open about these things but such practices should never be encouraged or allowed in India. All marital practices in the country are rooted in our time-honoured values and societal traditions. The Supreme Court should carefully consider our core values and beliefs before passing its final verdict in the matter," Rashidi told ANI.
Conclusions of CJI's judgment:
* It's for Parliament & state legislatures to legally recognise queer marriages
* Can't nix/read down SMA
* Queer couples have a right to enter into union
* State's duty to ensure such unions & couples get protection & bouquet of rights
* Queer & unmarried couples can jointly adopt
* 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, gratuit and succession.
'It's a lengthy judgment and let's see how we take this battle forward' Arvind Narrain
Arvind Narrain, PUCL state president on the Supreme Court's observations on same-sex marriage said, “In general, we welcome the judgment of the Supreme Court. Of course, it's a lengthy judgment and let's see how we take this battle forward. The point on which all the judges were united was the idea that we can't recognise the rights under the Special Marriage Act. We don't see this as a negative, it puts the ball back in our court."
Same-sex marriage verdict: Always stood with citizens to protect their freedoms, choices, says Congress
In a post on X, Congress general secretary Jairam Ramesh said, "On the same sex marriage and related issues we are studying the different and differing judgments delivered in the Supreme Court today and will have a detailed response subsequently."
comment:
p_commentcount