The petition seeking recognition of same-sex marriage in India was denied by the Supreme Court by 3:2 verdict. And denied to amend the provisions of the Special Marriage Act.
The five-judge constitutional bench headed by CJI D Y Chandrachud pronounced judgment on this case. All five judges agreed that Non- heterosexual couples do not have a fundamental right to marry.
The bench said that the matter of same-sex marriage should be decided by the legislature.
CJI stated that provisions of the Special Marriage Act could not be led down by the Apex court, such issues should be dealt with by the Parliament. He further said the centre and police forces must be directed by guidelines to prevent discrimination against the queer community.
On May 11, the court issued its verdict after a 10-day hearing. Proceedings in the case began on April 18, after which the apex court clarified that it would not enter into the personal law governing marriage while ruling on the pleas seeking confirmation justice for same-sex marriages and declaring that the very concepts of man and woman, as provided for in the Special Marriage Act, are not “genital-based absolutes”. Some petitioners called on the Supreme Court to use its power to push for social recognition of such unions, a step that would allow LGBTQIA+ people to lead lives of dignity.
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