India
Supreme Court refuses to grant any legal sanction to same-sex marriage
NEW DELHI: A five-judge Constitution Bench headed by Chief Justice of India D.Y. Chandrachud on Tuesday refused to grant any legal sanction to same-sex marriage.
The Constitution Bench, also comprising Justices S.K. Kaul, S.R. Bhat, Hima Kohli, and P.S. Narasimha, held that queer couples do not have an unqualified right to marriage.
It asked the Union government to set up a high-powered committee to be chaired by the Cabinet Secretary to take steps to decide the rights and social entitlements of same-sex couples.
The Supreme Court said that courts cannot make law and can only interpret it. It refused to accept the petitioners’ contention that in the Special Marriage Act (SMA), wherever ‘husband’ and ‘wife’ is used, it can be made gender neutral by using ‘spouse’, and ‘man’ and ‘woman’ should be substituted by ‘person’.
The Constitution Bench was hearing a batch of petitions that challenged certain provisions of the Hindu Marriage Act, Foreign Marriage Act, Special Marriage Act and other marriage laws as unconstitutional on the ground that they deny same-sex couples the right to marry, or alternatively, to read these provisions broadly so as to include same-sex marriage.
Ensure that queer community isn’t discriminated on basis of sexual orientation: SC
The Supreme Court on Tuesday directed the Centre, state governments and union territory administrations to ensure that queer community is not discriminated against on the basis of their sexual orientation.
A Constitution Bench, headed by Chief Justice of India D.Y. Chandrachud, also directed that LGBTQIA+ individuals were not discriminated against in accessing any goods or services.
It said that the government will sensitize the public about queer rights and create houses in districts for queer couples.
The apex court directed that a hotline will be set up by the government for providing assistance to the queer community.
It laid down that no individual will be forced to undergo hormonal therapy or intersex children be subjected to forceful medical operations.
Issuing directions to all the police forces, the Constitution Bench said that queer couples will not be harassed by summoning them to police stations or visiting their places of residence to solely interrogate them about their gender identity or sexual orientation.
The apex court said that the state machinery will not force queer persons to return to their native families against their will.
It further said that the police will ensure that freedom of queer individuals is not curtailed and due protection is given to them if any complaint apprehending violence from the family is lodged.
The Supreme Court said that before registering any FIR against a queer couple or one of the parties in a queer relationship, police will conduct a preliminary enquiry to ensure that the complaint in relation to their relationship discloses a cognisable offence.