A five-judge Constitution bench of the Supreme Court on Tuesday refused to grant legal recognition to same-sex marriages
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- CJI Chandrachud further stated that homosexuality or queerness is not urban concept
- `This court can`t make law. It can only interpret it and give effect to it`
- It would be incorrect to state that marriage is a static and unchanging institution: CJI
A five-judge Constitution bench of the Supreme Court on Tuesday refused to grant legal recognition to same-sex marriages.
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Chief Justice of India D Y Chandrachud, who was heading the bench pronouncing its verdict on 21 pleas seeking legal validation for same-sex marriages, said the court can't make law but only interpret it and it is for Parliament to change the Special Marriage Act.
"It would be incorrect to state that marriage is a static and unchanging institution," said CJI Chandrachud. He further added, "This court can't make law. It can only interpret it and give effect to it."
CJI D Y Chandrachud said there are four separate judgments in the matter -- by himself, Justices Sanjay Kishan Kaul, S Ravindra Bhat and P S Narasimha -- in the matter. Justice Hima Kohli is also a part of the five-judge bench. Directing the Centre, states and Union Territories (UTs) to ensure the queer community is not discriminated against, the CJI said queer is a natural phenomenon known for ages and is neither urban nor elitist.
CJI Chandrachud further stated that homosexuality or queerness is not an urban concept or restricted to the upper class of society. CJI said, "To imagine queer as existing only in urban spaces would be like erasing them, queerness can be regardless of one's caste or class."
It would be incorrect to state that marriage is a static and unchanging institution, said CJI Chandrachud.
Justice Chandrachud said the ability to choose a life partner goes to the roots of the right to life and liberty under Article 21 of the Constitution.
"Right to enter into union includes right to choose partner, its recognition; failure to recognise such association discriminatory. All persons, including those queer, have the right to judge the moral quality of their lives."
He later added, "This court has recognised that equality demands that queer persons are not discriminated against."
Another judge, Justice SK Kaul said, "Legal recognition of non-heterosexual unions is a step towards marriage equality."
Meanwhile, as the Supreme Court bench was expected to deliver its judgment on the marriage equality rights for the LGBTQIA+ community, Indian Activist Anjali Gopalan said that they hoped for a positive verdict.
(with inputs from PTI and ANI)
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