Same-Sex Marriage: A hearing is going on in the Supreme Court regarding the demand for legal recognition of gay marriage. A five-member Constitution bench of the apex court is hearing the case. The court had reserved its decision on this issue on May 11 after a hearing for 10 days.
A five-member Constitution bench heard the demand for legal recognition of gay marriage in the Supreme Court. In this case, the CJI directed the Central Government and State Governments to ensure that homosexual people are not discriminated against on the basis of their sexual orientation.
The Court cannot make law(Same-Sex Marriage)
CJI Chandrachud remarked that the principle of separation of powers cannot come in the way of the court issuing directions to protect fundamental rights.
The court cannot make a law but can only interpret it and give it effect. CJI said that there are four decisions regarding the case, there is some degree of agreement and some degree of disagreement in the decisions.
No change in the Special Marriage Act
Commenting on the case, the court has said that it is wrong to say that marriage is stable and immutable.
If the Special Marriage Act is abolished it will take the country back to the pre-independence era. It is for Parliament to decide whether there is a need to change the provisions of the Special Marriage Act. This Court should be careful not to enter into legislative territory.
The Government should make people aware
The CJI directed the Central and State governments to ensure that there is no discrimination in access to goods and services for the gay community and directed the government to sensitize the public about gay rights.
The Government will protect the interests
The government will create hotlines for the gay community, create ‘Garima Grih’, safe homes for same-sex couples facing violence and ensure that intersex children are not forced to undergo operations.
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The CJI said that the right to enter into a union cannot be restricted on the basis of sexual orientation. Transgender persons in heterosexual relationships have the right to marry under existing laws, including personal laws. Unmarried couples, including gay couples, can jointly adopt a child.
The government will form a committee
CJI Chandrachud said the central government will constitute a committee to decide the rights and entitlements of persons in same-sex unions. This committee will consider the inclusion of same-sex couples as ‘family’ in ration cards, enabling same-sex couples to enroll for joint bank accounts, entitlements to pension, gratuity, etc. The report of the committee will be seen at the central government level.
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