New Delhi

A five-judge bench rendered a verdict on Tuesday (Oct 17) that did not give any legal recognition to same-sex marriage in India.

Advertisment

After considering arguments between April and May in the significant case, Chief Justice Dhananjaya Yeshwant Chandrachud declared that the court was not the appropriate body to make determinations in this matter, saying that the responsibility to establish laws pertaining to marriage lies with the Indian parliament.

‘Queerness is not urban or elite’: CJI Chandrachud

Chandrachud stated, “The court, in the exercise of the power of judicial review, must steer clear of matters, particularly those impinging on policy, which fall in the legislative domain.” 

Advertisment

Chandrachud maintained that the state should provide legal protections to same-sex couples, asserting that the denial of "benefits and services" granted to heterosexual couples infringes upon the fundamental rights of LGBTQ individuals.

He highlighted the significance of choosing a life partner as an integral facet of personal decision-making, emphasising that this choice relates to the fundamental rights to life and liberty under Article 21 of India's constitution.

Chandrachud further recommended that the government take measures to prevent discrimination against LGBT individuals. These steps include the establishment of helplines and safe houses for those vulnerable to discrimination, along with discontinuing medical procedures aimed at altering gender identity or sexual orientation.

Advertisment

Also read | Same-sex marriage verdict: A look at the history and timeline of the case

However, the other three judges on the bench did not agree with this directive.

The bench consisted of Chief Justice of India D.Y. Chandrachud, Justice Sanjay Kishan Kaul, Justice Ravindra Bhat, Justice Hima Kohli and Justice P.S. Narasimha. A total of four judgements were delivered, with “a degree of agreement and a degree of disagreement,” the CJI said.

Also watch | Japan: Landmark judgement favours LGBTQ community

The court's decision was prompted by a petition arguing that the non-recognition of same-sex unions constituted a violation of the constitutional rights of LGBTQ individuals. The Bharatiya Janata Party government, led by Prime Minister Narendra Modi, opposed the petition, contending that the matter should be left to parliament and asserting that the appeal represented a viewpoint primarily of urban and elite sectors of society.

(With inputs from agencies)

WATCH WION LIVE HERE: