Supreme Court’s decision – There is no legal validity to same sex marriage, the decision came by a margin of 3-2.

The Supreme Court has refused to legalize gay marriage. of Supreme Court
A five-judge Constitution bench headed by CJI Justice DY Chandrachud, in a 3-2 majority decision, said that such permission can be given only by law and the court cannot interfere in legislative matters. It is noteworthy that the court had reserved its decision on May 11 after 10 days of hearing.

The Supreme Court is giving its verdict on same sex marriage. The decision of the 5-judge bench of the Supreme Court is divided. CJI DY Chandrachud first gave his verdict and refused to recognize gay marriage. The CJI said that this is a matter within the jurisdiction of Parliament. However, the CJI has given the gay couple the right to adopt a child. CJI has ordered the Central and State Governments to take appropriate steps for homosexuals.

Conclusion of CJI’s decision

▪️This court has the right to hear the case.
▪️Homosexuality is a natural phenomenon which has been known in India for centuries. It is neither urban nor elitist.
▪️Marriage is not a permanent institution.
A committee should be formed which will consider the issues of including same-sex couples as families in ration cards, nomination for joint bank account, ensuring rights related to pension, gratuity etc.

Big comments in CJI’s decision…

• While giving the verdict, the CJI said that there are four decisions in this case. Some are in agreement and some are in disagreement. He said,  the court cannot make law. But can interpret the law.
• CJI said, choosing a life partner is an important part of life. The ability to choose a partner and live life with that partner comes within the scope of the right to life and liberty. Right to life includes the right to choose life partner. All individuals, including the LGBT community, have the right to choose their partner.
• CJI said that it would not be correct to say that same sex is not limited to urban areas only. It is not that this is limited only to the urban elite. This is not an English speaking white collar man who can claim to be gay. In fact, a woman engaged in agricultural work in the village can also claim to be a lesbian. Not all people living in cities can be called elite. Homosexuality is not a mental illness.
• He said, the form of marriage has changed. This discussion shows that the form of marriage is not stable. The form of marriage has changed from the practice of Sati to child marriage and inter-caste marriage. Despite opposition, there has been a change in the form of marriages.
• CJI said, love is the basic quality of humanity. CJI said, there is no fundamental right to marry.
• CJI said, the court can only interpret the law, cannot make the law. He said that if the court reads down or adds words to Section 4 of the Special Marriage Act to grant the right to marry to members of the LGBTQIA+ community, it will be entering into legislative territory.
• He said, humans live in complex societies. Our ability to feel love and connection with each other is what makes us feel human. We have an innate need to see and be seen. The need to share our feelings makes us who we are. These relationships can take many forms, consanguineous families, romantic relationships, etc. The need to be part of a family is a core part of human nature and important for self-development.
• CJI said, Parliament or state legislatures cannot be forced to create a new institution of marriage. The Special Marriage Act (SMA) cannot be declared unconstitutional just because it does not recognize same-sex marriage. Whether changes to the SMA are needed is for Parliament to determine and the Court should be careful in entering the legislative arena.
• He said, for full enjoyment of such relationships, such unions need recognition and basic goods and services cannot be denied. If the state does not recognize it then it may indirectly violate freedom.
• – CJI said, the right to join a union is based on the right to settle in any part or country.
• – CJI said, a transgender person is in a heterosexual relationship, such marriage is recognized by law. Since a transgender person can be in a heterosexual relationship, a relationship between a transman and a transwoman or vice versa can be registered under the SMA.
• He said, it is true that separation from a married partner is more difficult than separation in a live-in relationship. For example, the law prevents a person from getting a divorce. It is wrong to assume that every marriage provides stability, nor can it be inferred that people who are not married are not serious about their relationships. Many factors are involved in sustainability. There is no simple form of a stable relationship. There is also no material on record to prove that only a married heterosexual couple can provide stability to a child.

– CJI said that the purpose of his instructions is not to create a new social institution. This court is not merely creating the basis for a community through the order, but is recognizing the right to choose a life partner.

Supreme Court gave these instructions to the Center

The CJI said that the Central and State Governments should take care that there is no discrimination of any kind against the gay community. CJI directed the Central and State Governments to provide them safe houses, doctor’s treatment, a helpline phone number on which they can lodge their complaints, no social discrimination, police not to harass them, if they do not go home then they should be forced to do so. Don’t send it home.

CJI said that the public should be made aware about gay rights. Create a hotline for the gay community. Create safe homes for gay couples. Ensure that intersex children are not forced to undergo operations. No person shall be forced to undergo any hormonal therapy.

What was the demand made in the petition?

A bench of 5 judges headed by CJI DY Chandrachud had reserved the decision in this case on May 11. Actually, a petition was filed on this issue on behalf of 18 gay couples. The petitioners have demanded that this type of marriage be given legal recognition.

The petition demanded recognition of their relationship with the legal and social status of marriage. The bench hearing the petitions included Chief Justice DY Chandrachud and Justices SK Kaul, SR Bhatt, Hima Kohli and PS Narasimha.

The Supreme Court had completed the hearing on the petition to give legal recognition to gay marriage on May 11 itself. Then the decision was reserved. After this, today the Constitution bench of five judges of SC is going to decide whether gay marriage can be given legal recognition or not?

What is the government’s stand on same sex marriage?

In the case of gay marriage, the central government argues that it has the right to make laws on this issue. The government says that this is not only against the cultural and moral traditions of the country, but before giving it recognition, 160 provisions of 28 laws will have to be changed and personal laws will also have to be tampered with.

Gay relationship was the first crime

In the year 2018, the Constitution bench of the Supreme Court had given the decision to decriminalize same sex relationships. However, a legal claim for gay marriage cannot yet be made. Actually, homosexual relations were considered a crime under Section 377 of the IPC. However, if we look at the world, there are 33 countries where gay marriage has been recognised. Among these, the courts of about 10 countries have recognized same sex marriage. Apart from this, there are 22 countries where laws have been made and approved.

Taiwan is the first Asian country to recognize

If we talk about which country recognizes gay marriage, then Netherlands was the first to legalize gay marriage in the year 2001. Whereas Taiwan was the first Asian country. There are some big countries where same sex marriage is not accepted. Their number is around 64. Here same sex relationship is considered a crime and death penalty is also included as punishment. Gay marriage is illegal in Malaysia. Last year, Singapore ended the restrictions. However, marriages are not approved there.