Review petition filed against Supreme Court's same-sex marriage verdict
What's the story
A petition was submitted to the Supreme Court on Wednesday, challenging its October 17 verdict that denied legal recognition to same-sex marriages in India. The petitioner, Udit Sood, labeled the ruling "contradictory," asserting that "the discrimination faced by the queer community is acknowledged in the verdict, but the cause of the discrimination is not removed." He also pointed out that the government's stance suggests LGBTQ individuals are perceived as "a problem."
Context
Why does this story matter?
On October 17, the Supreme Court ruled against legally recognizing same-sex marriages in a 3:2 verdict. The SC said that people's right to enter a union cannot be restricted based on sexual orientation. But it said, "It's for the Parliament and state legislatures to legally recognize queer marriages." Petitioners argued that being unable to marry legally violates their constitutional rights. The central government and various religious leaders said it would be against Indian culture.
Details
Petition argues marriage is an enforceable social contract
The review petition underlines that marriage is essentially an enforceable social contract, and any consenting adult should be able to enter into such contracts. It contends that adults of any or no religious affiliation can participate in marriage, and no single group should dictate the definition of marriage for others. In its earlier verdict, the Supreme Court determined that marriage was not a fundamental right, leaving it to Parliament to create laws that would legally recognize same-sex marriages.
Twitter Post
Review petition filed against SC's verdict
Review petition filed against Supreme Court judgment in same-sex marriage case
— Bar & Bench (@barandbench) November 1, 2023
Read more: https://t.co/tlTcue5VLv pic.twitter.com/opmoAwOjXz
Adoption
SC denies adoption rights to queer couples
The SC, in its verdict, had also denied adoption rights for unmarried queer couples in a 3-2 verdict. However, Chief Justice of India (CJI) DY Chandrachud, who backed adoption rights for such couples, said, "Law cannot assume that only heterosexual couples can be good parents." He also noted that the current "adoption regulations are violative of the constitution for discrimination against queer couples."
Centre
Centre's stance on same-sex marriages
On May 10, the Centre told the SC that any constitutional declaration made by it on pleas demanding legal validation for same-sex marriage might not be a "correct course of action." The government also cautioned about its societal ramifications, saying that the top court wouldn't be able to deal with its fallout. It told the court that seven states and governments opposed the same.