The Supreme Court on Tuesday delivered its long-awaited ruling on pleas for legal validation of same-sex marriage. On May 11, a Constitution Bench headed by Chief Justice of India (CJI) DY Chandrachud and comprising Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and PS Narasimha delivered judgment on the pleas after a ten-day marathon hearing.
A series of petitions to the Supreme Court sought the recognition of same-sex marriages under the law, arguing that the right to marry a person of one’s choice should extend to LGBTQIA+ citizens. The government had opposed the petitions.
This is what the Chief Justice of India said while reading out the verdict.
1. This court (Supreme Court) cannot make laws. It can only interpret it and give effect to it.
2. Whether there is a need for a change in the Special Marriage Act (SPA) regime is for Parliament to decide. This court must be careful not to trespass into the legislative domain.
3. It is incorrect to say that marriage is a static and unchanging institution.
4. Queer is a natural phenomenon that has been known for centuries. Homosexuality or queerness is not an urban concept or limited to the upper classes of society.
5. Our ability to feel love and connection with each other makes us feel human. We have an innate need to be seen and seen. The need to share our emotions makes us who we are. These relationships can take many forms: birth families, romantic relationships, etc.
6. The need to be part of a family is a core part of the human condition and is important for self-development.
7. Choosing a life partner is an integral part of choosing one’s life course. Some may consider this the most important decision of their lives. This right goes to the root of the right to life and liberty under Article 21.
8. The right to enter into a commitment includes the right to choose one’s partner and the right to have that commitment recognized. Failure to recognize such associations will lead to discrimination against queer couples.
9. All persons, including queer persons, have the right to evaluate the moral quality of their lives. The meaning of freedom is the ability to be who you want to be.
10. This court has recognized that queer persons cannot be discriminated against. Material benefits and services flowing to heterosexual couples and denied to queer couples will be a violation of their fundamental right.
11. It cannot be assumed that unmarried couples do not take their relationship seriously.
12. The right to enter into a commitment cannot be limited on the basis of sexual orientation.
13. The withdrawal of the state from the domestic space leaves the vulnerable party unprotected. Thus, it cannot be said that all intimate activities within private space are beyond the control of the state.
14. Whether a change in the regime of the Special Marriage Act is a matter for Parliament to decide. This Court must be careful not to enter the field of legislation.
15. The Center, through its committee, headed by the Cabinet Secretary, should further address the many concerns of same-sex couples, including disallowance of ration cards, pension, gratuity and succession.