CJI Chandrachud’s Bold Stand on Same-Sex Marriages Shakes the Nation! All You Need to Know! –
India SC Verdict on Same-Sex Marriages: A Landmark Decision
In a historic ruling today, the Supreme Court of India, led by Chief Justice DY Chandrachud, addressed the nation’s eagerly awaited decision on marriage equality. Here’s a comprehensive breakdown of the verdict, highlighting key points and expert opinions.
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India SC Verdict on Same-Sex Marriages: A Landmark Decision
1. CJI Chandrachud’s Opinion: Leaving the Decision to Parliament
Chief Justice Chandrachud emphasized that the Supreme Court cannot alter provisions of the Special Marriage Act (SMA) or interpret its words differently. He left the fate of same-sex marriages in India to the Parliament, asserting, “The doctrine of separation of powers cannot stand in the way of enforcement of fundamental rights.” This decision sparked debates about the dynamics between judicial power and legislative action.
CJI : Whether a change in the regime of the Special Marriage Act is for the Parliament to decide. #SupremeCourt #SameSexMarriage
— Live Law (@LiveLawIndia) October 17, 2023
2. Justice Kaul’s Support for Civil Unions
Justice Kaul echoed CJI Chandrachud’s stance, advocating for civil unions for non-heterosexual couples. He emphasized that legal recognition of civil unions represents a crucial step towards achieving marriage equality. This move aligns with global efforts to provide legal protection and rights to LGBTQ+ individuals.
CJI : All persons, including queer persons, have the right to judge the moral quality of their lives. The meaning of liberty is the ability to be who one wishes to be. #SupremeCourt #SameSexMarriage
— Live Law (@LiveLawIndia) October 17, 2023
3. Issues Faced by Atypical Couples: CJI’s Concerns
CJI Chandrachud highlighted discrimination faced by atypical, unmarried couples, particularly regarding adoption. He pointed out flaws in the Central Adoption Resource Authority (CARA) guidelines, emphasizing the need for inclusive adoption policies. This stance underscores the Court’s commitment to addressing various challenges faced by the LGBTQ+ community.
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4. Guidelines and Safeguards: CJI’s Directives
Apart from urging Parliament’s intervention, CJI Chandrachud directed the Centre to ensure non-discrimination against the queer community. This includes equal access to goods and services, public sensitization about queer rights, establishment of hotlines and safe houses for queer couples, and preventing forced hormonal therapies or surgeries. These directives signify a significant move towards safeguarding LGBTQ+ rights in India.
CJI : This court has recognized that queer persons cannot be discriminated upon. Material benefits and services flowing to heterosexual couples and denied to queer couples will be a violation of their fundamental right.#SupremeCourt #SameSexMarriage
— Live Law (@LiveLawIndia) October 17, 2023
5. Special Marriage Act: A Secular Legislation
Throughout the hearings, the focus remained on the Special Marriage Act, a secular legislation designed for inter-caste and inter-faith marriages. The Court’s decision to explore its gender-neutral interpretation marked a crucial turning point in the legal battle for marriage equality.
6. Global Context: Where Does India Stand?
India’s stance on same-sex marriages reflects a broader global conversation. While 32 countries, including the United States, Canada, Australia, Argentina, South Africa, and Taiwan, have recognized same-sex marriages, India’s decision to defer to Parliament highlights the nation’s unique legal and social landscape.
read more: India’s Supreme Court to Consider Legalizing Same-Sex Marriage
CJI DY Chandrachud : There is no material on record to prove that only a married heterosexual couple can provide stability to a child.#SupremeCourt #SameSexMarriage
— Live Law (@LiveLawIndia) October 17, 2023
Expert Commentary:
In response to the verdict, legal expert Dr. Anjali Sharma commented, “While the Court’s decision to defer to Parliament is a strategic move, it also highlights the urgent need for legislative reforms. It’s a step forward, but the LGBTQ+ community must continue their fight for equal rights.”
In summary, the Supreme Court’s verdict on same-sex marriages in India, while not definitive, sets the stage for critical conversations and future legislative actions. The decision underscores the complex interplay between judicial authority and legislative reforms, signaling a significant milestone in India’s LGBTQ+ rights movement.
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For further updates and in-depth analysis, stay tuned to reliable news sources.
