The Supreme Court ruled against legalising same sex marriages today in a judgment saying that this is the domain of the legislature.
"This Court must be careful to not enter into legislative domain," Chief Justice of India DY Chandrachud said noting that it is for the Parliament to decide whether a change is required in the Special Marriage Act.
The five-judge bench had four different judgments mainly differing on adoption rights for queer people.
While Chief Justice Chandrachud and Justice SK Kaul recognised the right of queer couples to adopt, Justice S Ravindra Bhat, Justice PS Narasimha and Justice Hima Kohli did not hold the same view.
Here are 10 key points Chief Justice Chandrachud said on the matter in a much-anticipated hearing, half a decade after the Supreme Court decriminalised homosexuality:
1. This court can't make law. It can only interpret it and give effect to it.
2. 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.
3. The Constitution does not recognise the fundamental right to marry. Freedom of all persons to enter into a union is in the Constitution.
4. Choosing a life partner is an integral part of choosing one's course of life.
The right to enter into union includes the right to choose one's partner and the right to recognition of that union. A failure to recognise such associations will result in discrimination against queer couples.
5. This court has recognized that queer persons cannot be discriminated upon. Material benefits and services flowing to heterosexual couples and denied to queer couples will be a violation of their fundamental right.
6. 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.
7. It cannot be assumed that unmarried couples are not serious about their relationship. Right to enter into union cannot be restricted on the basis of sexual orientation.
8. Incorrect to state that marriage is a static and unchanging institution. The need to form part of family is a core part of the human trait and is important for self-development.
9. Withdrawal of the State from the domestic space leaves the vulnerable party unprotected. Thus, all intimate activities within private space cannot be said to be beyond State's scrutiny.
10. The Centre should proceed with its committee, headed by the Cabinet Secretary, to address the raft of concerns of same-sex couples, including ration cards, pension, gratuity and succession not allowed.
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