Supreme Court refuses to give marriage equality rights to LGBTQIA

The Supreme Court bench in a historic verdict on Tuesday said that right to marry is not a fundamental right

New-Delhi: The Supreme Court pronounced its verdict on the legal recognition of same-sex marriage today. In a historic verdict, the right to marry is not a fundamental right.

In a 3-2 majority it said that the court cannot make laws and it is up to the government to give legal status to marriages between transgender people.

CJI Chandrachud read out his statement in which he said that homosexuality is not an urban concept and the adoption laws are discriminatory. However, he added that the court cannot make law and can only interprete it.

The judges asked the centre to proceed with the formation of a committee to address practical concerns of same-sex couples.

The bench gave a 3-2 judgment on the question of adoption rights. Chief Justice of India DY Chandrachud and Justice SK Kaul recognised the right of queer couples to adopt, while Justice S Ravindra Bhat, Justice PS Narasimha and Justice Hima Kohli disagreed.

Choosing a life partner is an integral part of choosing one’s course of life, the Chief Justice said. “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.

Also Read: Same Sex Marriage Verdict: CJI Says Court Cannot Make Law, Only Parliament Can Decide

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