Same Sex Marriage Verdict: SC Refuses Marriage Equality Rights For LGBTQIA+: All You Need To Know

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On Tuesday, 17 October, the Supreme Court of India pronounced its verdict regarding the legal recognition of same-sex marriage.

It has refused to recognize marriage equality rights for same-sex marriages legally and the five-judge Constitution Bench has unanimously agreed that there is no fundamental right to marriage and left it to Parliament to form legislation regarding same-sex marriage.

In his opinion, Justice P S Narasimha has said that the right to marry is not a fundamental right, so it cannot be claimed as a matter of right by the LGBTQIA+ community. Thus, the 5-judge bench unanimously refuses to grant legal status to same-sex marriages.
This decision has been welcomed by Supreme Court Bar Association president Adish Aggarwala who said, "I welcome the decision of the Supreme Court where they have not allowed same-sex marriage."

Senior Advocate Geeta Luthra who appeared for some of the petitions in this marriage equality case has said, '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.'

Of the five judges, Chief Justice of India DY Chandrachud and Justice Sanjay Kishan Kaul advocated for the recognition of same-sex unions. Apart from that, they have also called for an anti-discrimination law to protect the rights of people belonging to the LGBTQ+ community. Further, the two judges also argued that same-sex couples should have the right to adopt children.

On the other hand, Justices S Ravindra Bhat, Hima Kohli and PS Narasimha argued that it is difficult to create a right to civil union through a judicial diktat. They also agreed that regulations set by the Central Adoption Resource Authority are constitutional and not void, as was observed by the CJI.

The Supreme Court also recorded the Centre's proposal to form a committee to look into the issues faced by same-sex couples, mentioned a news report.

Further, the Supreme Court has also said, 'There is no unqualified right to marriage except as it is recognised under the law. Conferring legal status to a civil union can only be through enacted law. Transsexual persons in homosexual relationships have the right to marry.'
The verdict has dissapointed the activists, and they have pledged to keep fighting for the equal rights for same sex marriages. While speaking to ANI, LGBTQ activist Prijith PK has said, We have been fighting for long and will keep doing so. Regarding adoption also nothing was done, what the CJI said was very good regarding adoption but it's disappointing that other justices didn't agree...this is democracy but we are denying basic rights to our own citizens".

Another petitioner and LGBTQIA+ rights activist Harish Iyer told ANI, "Though at the end, the verdict was not in our favour but so many observations(by Supreme Court) made were in our favour."