Queer unions: SC directs Centre's committee to decide on rights
The Supreme Court on Tuesday ruled against legally recognizing same-sex marriages in India. Leaving the decision to the Parliament, it asserted it could not strike down or alter provisions of the Special Marriage Act (SMA) to grant marriage equality. The apex court also directed the Centre to set up a committee to decide on the rights and entitlements of people in LGBTQIA+ unions.
Union government to set up panel: SC
Why does this story matter?
The demand for the legalization of same-sex marriages witnessed a rise in India after the SC decriminalized consensual homosexual activities by partially striking down Section 377 of the Indian Penal Code (IPC) in 2018. Petitioners asserted that non-registration of queer marriages is equivalent to discrimination, depriving LGBTQIA+ members of rights. On Tuesday, the SC directed the state to ensure queer people's rights and protection.
CJI on Centre's yet-to-be-formed panel
Chief Justice of India (CJI) DY Chandrachud reportedly said, "Union government will constitute a committee to decide the rights and entitlements of persons in queer unions." He said this panel should consider "to include queer couples as 'family' in ration cards, enabling them to nominate for joint bank accounts, rights for pension, gratuity, etc." A five-judge CJI-led Constitution bench pronounced the verdict on Tuesday.
Right to marriage shouldn't be restricted by sexual orientation: CJI
Reading his judgment, Chandrachud opined that an individual's right to enter a marriage shouldn't be restricted by their sexual orientation. While he held that the queer community should also have equal rights to enter a "union," the CJI also noted making laws was the Parliament's task. Notably, Chandrachud also highlighted that homosexuality was not an urban or elitist concept but a "natural phenomenon."
SC bench disagrees on adoption rights for LGBTQIA+ couples
The Constitution bench led by Chandrachud also comprised Justices S Ravindra Bhat, PS Narasimha, Hima Kohli, and Sanjay Kishan Kaul. The bench delivered a 3-2 verdict on granting adoption rights to queer couples, with Chandrachud and Kaul in favor. Chandrachud and Kaul, in their judgments, held as "illegal" a Central Adoption Resource Authority (CARA) regulation that restricted unmarried and queer people from adopting kids.
