In a 3:2 verdict, the Constitution bench headed by CJI D Y Chandrachud, India’s Supreme Court denied same-sex couples the right to enter civil unions.

The Supreme Court, in a unanimous verdict, rejected petitions seeking same-sex Marriage in India, and refused to tweak provisions of the Special Marriage Act.

The matter was decided by a five-judge Constitution Bench, headed by CJI Chandrachud.

All five judges agreed that there was no fundamental right for non-heterosexual couples to marry, with the majority view being that the ‘legislature must decide on the issue of same-sex marriage.’

CJI Chandrachud and Justice Sanjay Krishan Kaul said the right of same-sex couples to enter civil unions flows from Part 3 of the Constitution; however, Justices S Ravindra Bhat, Hima Kohli and P S Narasimha differed.

Delivering his judgment on Marriage Equality, CJI Chandrachud said that the apex court could not strike down provisions of the Special Marriage Act or read things differently.

He added that in his opinion, the Parliament should decide on the issue.

He also issued a slew of directions and guidelines to the Centre and police forces, in order to prevent discrimination against the queer community.

Following the CJI’s judgment, Justice Sanjay Kishan Kaul also batted for civil unions for non-heterosexual couples.

On May 11, the Bench had reserved its verdict on the pleas after a marathon hearing of 10 days. Arguments in the matter began on April 18, with the apex court later making it clear that it will not go into personal laws governing marriages while deciding the pleas seeking judicial validation for same sex marriages and said the very notion of a man and a woman, as referred to in the Special Marriage Act, is not ‘an absolute based on genitals.’

Some petitioners urged the Supreme court to use its power to push the society to acknowledge such a union, a move that will allow the LGBTQIA+ to lead a dignified life.

CJI Chandrachud and Justice Sanjay Krishan Kaul said the right of same-sex couples to enter civil unions flows from Part 3 of the Constitution; however, Justices S Ravindra Bhat, Hima Kohli and P S Narasimha differed.

My opinion should not be seen as precluding queer persons from celebrating relationships, says Justice Bhat

Delivering his judgment on marriage equality in the Supreme Court today, Justice S Ravindra Bhat said his opinion must not be read to preclude queer persons celebrating their commitment to each other or relationship in whichever way they wish.

Disagree with CJI’s opinion allowing non-heterosexual couples to adopt, says Justice Bhat

Delivering his judgment on marriage equality in the Supreme Court today, Justice S Ravindra Bhat said he disagrees with CJI D Y Chandrachud’s opinion allowing non-heterosexual couples to adopt. 

He also said that the Centre’s high-powered committee must take a call on making policy changes.

Why did Justice Bhat say that citizens cannot seek roads to enforce right to travel?

Delivering his judgment on marriage equality in the Supreme Court today, Justice S Ravindra Bhat said, ‘A citizen cannot seek the construction of a network of roads to enforce the right to travel.’

Justice Bhat was arguing that the Court cannot grant a bouquet of rights without legislative framework for same-sex marriage to give effect to rights of queer persons.

Same-Sex Marriage Verdict: Justice Bhat leaves issue for Parliament to decide

Justice S Ravindra Bhat joined CJI D Y Chandrachud in leaving the issue of marriage equality for the Parliament to decide.

‘We do not particularly subscribe to the views of CJI on democratizing intimate spaces…these outcomes were brought by legislative acts,’ he said.

Same-Sex Marriage Verdict: Justice Kaul joins CJI Chandrachud in batting for civil unions for non-heterosexual couples

Delivering his judgment on marriage equality in the Supreme Court today, Justice Sanjay Kishan Kaul said that legal recognition of civil unions for non-heterosexual couples represent a step towards marriage equality.

Like CJI D Y Chandrachud, he also batted for civil unions for non-heterosexual couples. 

Justice Kaul also said that non-heterosexual unions are entitled to protection under Constitution.

What directions has CJI Chandrachud issued to the Centre, police?

Delivering his judgment on marriage equality in the Supreme Court today, CJI D Y Chandrachud issued a slew of directions to the central government and the police forces in the country.

They are:

1. Ensure queer community is not discriminated against

2. Ensure there is no discrimination in access to goods and services

3. Sensitise public about queer rights

4. Create a hotline for queer community

5. Create safe houses or ‘Garima grih’ for queer couples

6. Ensure inter-sex children are not forced to undergo operations

7. No person shall be forced to undergo any hormonal therapy

8. The police should not harass queer people or force them to return to their natal families

Failure to recognise union with life partner discriminatory, against Article 21, says CJI D Y Chandrachud

Delivering his judgment on marriage equality in the Supreme Court today, CJI D Y Chandrachud said that the ability to choose one’s life partner goes to root of right to life and liberty under Article 21.

He added that the right to enter into union includes right to choose partner and its recognition. The failure to recognize such association is discriminatory, he said. 

Gender of an individual not the same as their sexuality, says CJI Chandrachud

Delivering his judgment on marriage equality in the Supreme Court today, CJI Chandrachud noted that the gender of a person is not the same as their sexuality.

Central Adoption Resource Authority (CARA) guidelines discriminate against ‘atypical’ couples in adoption of children, says CJI Chandrachud

CARA functions as the nodal body for adoption of Indian children, and monitors and regulates both in-country and inter-country adoptions.

Supreme Court Same-Sex Marriage Verdict Live Updates: Why CJI Chandrachud said SC cannot strike down SMA

Delivering his judgment on marriage equality in the Supreme Court today, CJI Chandrachud said, ‘By striking down Section 4 of the Special Marriage Act, benefits of a progressive legislation would be lost. It will take country to pre-Independence era. If court reads into SMA or Indian Succession Act or Hindu Succession Act, it would be entering into field of legislature.’

Supreme Court Same-Sex Marriage Verdict: Marriage is not a stagnant institution, says CJI Chandrachud

Delivering his judgment on marriage equality in India in the Supreme Court today, Chief Justice of India Chandrachud noted that ‘it is incorrect to categorize marriage as a stagnant and unchanging institution.’

Supreme Court Same-Sex Marriage Verdict Live Updates: Queerness neither urban nor elite, says CJI Chandrachud

Delivering his judgement on marriage equality in the Supreme Court today, Chief Justice of India D Y Chandrachud said, ‘Queerness is neither urban nor elite.’

Ahead of the Supreme Court judgment on marriage equality in India, the SC Bar Association president Adish C Aggarwala told reporters that he believed there would be a split judgment today.

‘But, I being the president of Supreme Court Bar Association and also the chairman of the All India Bar Association, I feel it will not be good if the Supreme Courts grants permission for same-sex marriage. I am of the view that there will be a split judgment,’ he said.