Supreme Court Refuses To Legalise Same Sex Marriages in India: A Pivotal Verdict with Far-reaching Implications – In a watershed moment for India’s LGBTQ+ community, the Supreme Court has delivered a ruling that, while stopping short of legalizing same-sex marriages, profoundly affirms individual rights and opens crucial dialogues about discrimination and legislative responsibilities.
read more: CJI Chandrachud’s Bold Stand on Same-Sex Marriages Shakes the Nation! All You Need to Know!
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Supreme Court refuses to give marriage equality rights to the LGBTQIA+ community in India pic.twitter.com/IFjRVo0DRZ
— ANI (@ANI) October 17, 2023
Supreme Court Defiantly Empowers LGBTQ+ Rights: A Pioneering Verdict Unleashes Equality Revolution!
A Defining Principle: Individual Autonomy Upheld
At the core of the Supreme Court’s decision lies a robust defense of individual autonomy. Chief Justice DY Chandrachud, speaking for the bench, emphasized that the right to choose a life partner is inherent in the broader framework of Article 21 of the Indian Constitution, which guarantees the right to life and liberty. The judgment, while not explicitly endorsing marriage equality, underscores that this right cannot be curtailed based on sexual orientation. It’s a landmark recognition of the LGBTQ+ community’s fundamental right to love and commitment.
read more:Â Supreme Court Showdown: Unveiling the Truth Behind Same-Sex Wedding Services Case
#WATCH | Supreme Court refuses to give marriage equality rights to the LGBTQIA+ community in India
One of the petitioners and activist Anjali Gopalan says, " We have been fighting for long and will keep doing so. Regarding adoption also nothing was done, what the CJI said was… pic.twitter.com/2ZyjPmdvi7
— ANI (@ANI) October 17, 2023
Adoption Rights: An Evolving Landscape
The question of adoption rights for same-sex couples emerged as a pivotal aspect of the verdict. The bench, composed of five judges, expressed differing opinions. Chief Justice Chandrachud and Justice SK Kaul passionately argued in favor of granting adoption rights to queer couples. They highlighted the absence of empirical evidence suggesting that heterosexual couples are inherently better parents. This perspective champions inclusivity and challenges stereotypes.
Conversely, Justices S Ravindra Bhat, PS Narasimha, and Hima Kohli dissented, advocating for a cautious approach. They stressed the need for a comprehensive legislative framework, considering the welfare of the children involved. This divergence of opinion underlines the complexities surrounding adoption laws and the evolving nature of societal norms.
read more:Â Indian Government Opposes Same-Sex Marriage, Citing Heteronormative Family Values
The Supreme Court on 17.10.2023 refused to grant legal recognition for queer marriages in India. However, four out of the five judges on the bench agreed to direct the Union of India to constitute a committee to examine the rights and entitlements of persons in queer union,… pic.twitter.com/jrZGCF84Dc
— Live Law (@LiveLawIndia) October 17, 2023
Queerness Beyond Urban Elitism: A Diverse Tapestry of Identities
Chief Justice Chandrachud dispelled the misconception that queerness is confined to urban elites. He asserted that homosexuality is a natural and diverse aspect of society, emphasizing the need for anti-discrimination laws to ensure legal protection for LGBTQ+ individuals. This perspective challenges societal biases, fostering understanding and acceptance among all segments of the population.
#SupremeCourt holds that transgender persons in heterosexual relationships have the right to marry under the existing laws or personal laws.
CJI DY Chandrachud & Justice SK Kaul holds that queer couples have the right to adopt.
However, Justices S Ravindra Bhat, Hima Kohli and…
— Live Law (@LiveLawIndia) October 17, 2023
The Role of Legislation: Balancing Tradition and Progress
While the Supreme Court’s ruling marks a significant step toward equality, it also raises important questions about the role of legislation in shaping societal norms. The justices’ varying opinions on adoption rights underscore the delicate balance required between tradition and progress. The verdict suggests that while the judiciary can champion individual rights, the complexities of family law necessitate thoughtful, nuanced legislation.
read more:Â India’s government opposes same-sex marriage as Supreme Court hears landmark case
Expert Commentary:
“This verdict signifies a monumental victory for LGBTQ+ rights in India. While we celebrate the affirmation of individual freedom, it also highlights the urgency of enacting comprehensive anti-discrimination laws and inclusive family legislation. It’s a step forward, but there is much work to be done.” – Shahnawaz
In Conclusion: Charting a Path Towards Equality
The Supreme Court’s ruling, though not a complete victory for marriage equality, is undeniably a significant milestone in India’s LGBTQ+ rights movement. By affirming the fundamental right to choose a life partner, irrespective of gender, the Court has sent a powerful message of inclusion and acceptance. As India continues its journey toward a more equitable society, this verdict serves as a guiding light, illuminating the path towards a future where love knows no boundaries.
read more:Â India’s Supreme Court to Consider Legalizing Same-Sex Marriage
