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Same-sex marriages in India: Supreme Court verdict explained

| TIMESOFINDIA.COM | Last updated on - Oct 18, 2023, 12:21 IST

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Same-sex marriages in India: Supreme Court verdict explained

The Supreme Court recently refused to accord legal recognition to same-sex marriage under the Special Marriage Act. The court observed that the right to marriage is not a fundamental right.

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Supreme Court verdict on same-sex marriages

Here are the key takeaways from the Supreme Court verdict on same-sex marriages.

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'Courts cannot make law but can interpret and give effect to it'

The five-judge Constitution bench comprised Chief Justice DY Chandrachud and Justices SK Kaul, SR Bhat, Hima Kohli and PS Narasimha.

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'Queerness not urban or elite'

CJI Chandrachud said, “People may be queer regardless of whether they are from villages or cities.. not only an English-speaking man can lay claim to being queer.”

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'Institution of marriage has undergone sea change'

CJI Chandrachud added that, "The right to enter into a Union includes the right to choose one's partner and the right to recognition of that union.”

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'Marriage has metamorphosed'

"If the Special Marriage Act is struck down, it will take India back to the pre-independence era," CJI Chandrachud said.

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Centre asked to set up high-powered committee

"Whether a change in the Special Marriage Act is needed or not, it is for the Parliament to ascertain," CJI Chandrachud said.

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SC recognises right to marry for transgenders

"Since a transgender person can be in a heterosexual relationship like a cis-male or cis-female, a union between a transwoman and a transman, or a transwoman and a cisman, or a transman and a ciswoman can be registered under Marriage laws," said a constitution Bench headed by CJI.

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SC says queer couples can't adopt children

A five-judge constitution bench of the Supreme Court, by a majority of 3:2 upheld one of the adoption regulations prohibiting unmarried and queer couples from adopting children.

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Police shall not force queer persons to return to their natal families

SC issued a slew of directions to police, saying there shall be no harassment of queer couples by summoning them to the police station or visiting their places of residence solely to interrogate them about their gender identity or sexual orientation.

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SC bats for safe houses, hotline for queer people

“Establish and publicise the availability of ‘safe houses' or ‘Garima Grehs' in all districts to provide shelter to members of the queer community who are facing violence or discrimination,” the judgement said.

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​Same-sex marriages in India: Supreme Court verdict explained​