SC backs queer rights but does not legalise same-sex marriage; puts onus on Centre | Top quotes

On May 3, the government informed the court of its intention to create a committee led by a cabinet secretary. This committee's objective is to explore administrative solutions to the challenges faced by same-sex couples without delving into the broader question of marriage equality.

Supreme Court recognises queer couples' right, stops short of legalising same-sex marriage AJR

Team Newsable

First Published Oct 17, 2023, 12:11 PM IST

In a groundbreaking ruling on marriage equality, India's Chief Justice DY Chandrachud affirmed on Tuesday that an individual's right to enter into a union should not be restricted based on their sexual orientation. Highlighting the fact that the five-judge bench presiding over the case has produced four distinct judgments, Chief Justice Chandrachud urged the government to proceed with a committee they've established to address the practical issues encountered by same-sex couples. These issues include obtaining ration cards, pension benefits, gratuity, and addressing succession concerns.

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Here are the top quotes from Supreme Court verdict on same-sex marriages:

This court can't make law. It can only interpret it and give effect to it.
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.
Incorrect to state that marriage is a static and unchanging institution.
Queer is a natural phenomenon known for ages. Homosexuality or queerness is not an urban concept or restricted to the upper classes of the society.
Our ability to feel love and connection with one another makes us feel human. We have an innate need to be seen and see. The need to share our emotions make us who we are. These relationships may take many forms, natal families, romantic relationships etc.
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.
It cannot be assumed that unmarried couples are not serious about their relationship.

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

"Same-sex relationships have been recognised from antiquity, not just for sexual activities but as relationships for emotional fulfilment. I have referred to certain Sufi traditions. I agree with the judgment of the Chief Justice. It is not res integra for a constitutional court to uphold the rights and the court has been guided by the constitutional morality and not social morality. These unions are to be recognised as a union to give partnership and love," he said.

Last Updated Oct 17, 2023, 2:34 PM IST

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SC backs queer rights but does not legalise same-sex marriage; puts onus on Centre | Top quotes

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