India’s Supreme Court Rejects Same-Sex Marriage Legalization

The Supreme Court of India is set to announce its decision about the legal recognition of same-sex marriages, which is a landmark, that ruling with the capacity to ignite significant transformations within the nation.

Is same-sex marriage becoming legal or not?

The respected Supreme Court pronounced its verdict on this legal recognition of same-sex marriage matter today, on 17 October. The 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 are Chief Justice DY Chandrachud and Justices SK Kaul, SR Bhat, Hima Kohli, and PS Narasimha. During 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 other couples.

Justice Ravindra Bhat while reading his Judgment said, “right to cohabiting cannot lead to setting up of an institution… ordering a social institution or re-arranging existing social structures would require the construction of new code and also require marriage laws concerning alimony, etc.. we cannot agree with CJI tracing union to freedom of speech and expression and the positive obligations. queer people have the right to privacy, dignity and to choose a partner. We disagree with the CJI in this regard which forms the basis of the conclusions,” as quoted by Bar and Bench.

This is not legal according to Article 21

“Choosing a life partner is an integral part of choosing one’s course of life,” Chandrachud said, “Some may regard this as the most important decision of their life. This right goes to the root of the right to life and liberty under Article 21 (of India’s constitution).”

Although, when the Bench asked the petitioners if they were okay with this or if they would still like to push for a declaration for a right to marry under the SMA, the petitioners responded that although the measure was welcome, it wouldn’t be sufficient as a “major solution”.