No Nod By SC To Same-Sex Marriage, Ball Now in Parliament’s Court

No Nod By SC To Same-Sex Marriage, Ball Now in Parliament’s Court

In a big blow to hundreds of LGBT couples who were hoping to tie the knot officially, the Supreme Court on Tuesday refused to legalise same-sex marriages in India and said it can’t compel the Parliament or the State to create a new institution of marriage.

While pronouncing the verdicts on 21 petitions seeking legal sanction for same-sex marriages, a five-judge constitution bench of the Supreme Court ruled that it is within Parliament’s ambit to change the law for validating such a union.

The top court, however, recognised equal rights for queer people and their protection, while calling for sensitisation of the general public so they don’t face discrimination.

It was a 3:2 judgment on various points, including adoption, with Justice Kohli, Bhat, and Narasimha on one side, and Justice Chandrachud and Kaul on the other.

“Whether a change in the Special Marriage Act (SMA) is needed is for the parliament to ascertain and the court must be careful to enter into the legislative domain,” Chief Justice of India (CJI) D Y Chandrachud further said

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