CJI on same-sex marriage: Right to enter into union cannot be restricted on basis of sexual orientation

The Supreme Court is announcing its decision about the legal recognition of same-sex unions in India. A Constitution Bench led by Chief Justice of India DY Chandrachud and comprising Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and PS Narasimha had reserved its verdict on the matter in May after hearing a batch of 20 petitions.

Take a look at top quotes from CJI DY Chandrachud

• CJI Chandrachud said the right to enter into a union cannot be restricted on the basis of sexual orientation. He added that transgender individuals in heterosexual relationships have the right to marry under the existing laws, including personal laws.
• He ruled that unmarried couples, including queer couples, can jointly adopt a child. CJI further directed the Union government, governments of states and Union Territories not to discriminate against the right of the queer community to enter into a union.
• All persons, including queer persons, have the right to judge the moral quality of their lives. "The meaning of liberty is the ability to be who one wishes to be…Choosing a life partner is an integral part of choosing one’s course of life. 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," he said.
• CJI DY Chandrachud stated, "Whether a change in the regime of the Special Marriage Act is for the Parliament to decide," while reading the order on same-sex marriage.
• He claimed that if the Special Marriage Act was overturned, the nation would revert to pre-Independence times; yet, if the Court added language to the SMA, it would be assuming legislative duties.
• CJI: Whether a change in the regime of the Special Marriage Act is for the Parliament to decide…This Court must be careful to not enter into legislative domain… It is for the Parliament to decide whether a change in the regime of the Special Marriage Act is needed…The right to enter into Union includes the right to choose one’s partner and the right to recognition of that union.
• "Transgenders in heterosexual relationships have the right to marry under SMA," said CJI.
• Can’t compel the parliament or state to create a new institution of marriage… Section 4 of the Special Marriage Act (SMA) can’t be held to be unconstitutional just because it doesn’t include same-sex couples: CJI
• Queerness can be regardless of one’s caste or class or socio-economic status… All those who live in cities can’t be termed as elite, said  CJI DY Chandrachud in his verdict.

• CJI
• Supreme Court
• same-sex marriage
• DY Chandrachud