New Delhi1 day ago
On October 17, 2023, the Supreme Court bench had given 4 judgments regarding same sex marriage.
Hearing was held in the Supreme Court on Thursday on the review petitions filed to recognize same sex marriage. The court rejected these petitions. On October 17, 2023, the Supreme Court had refused to give legal recognition to same sex marriage. 13 review petitions were filed regarding this decision.
On Thursday, a bench of 5 judges accepted that the decision was correct. The bench of Justice BR Gavai, Justice Surya Kant, Justice BV Nagarathna, Justice PS Narasimha and Justice Dipankar Dutta said-
There is no infirmity visible in the record and the views expressed in the judgment are in accordance with law and no interference is warranted.
On October 17, 2023, a Constitution bench of 5 judges had said that the court cannot make changes in the Special Marriage Act. The court can only interpret the law and enforce it. Former Chief Justice DY Chandrachud said that it is the job of Parliament to decide whether there is a need to change the provisions of the Special Marriage Act or not.
Rejecting the demand, CJI had said – Parliament can make law
The court gave 4 judgments In 2023, the Constitution bench of former Chief Justice DY Chandrachud, Justice Hima Kohli, Justice Sanjay Kishan Kaul, Justice Ravindra Bhat and Justice PS Narasimha heard the case. Barring Justice Hima Kohli, the verdict was delivered by Chief Justice Chandrachud, Justice Kaul, Justice Bhat and Justice Narasimha in turn.
CJI had first said that there are 4 judgments in this case. One judgment is from my side, one from Justice Kaul, one from Justice Bhat and Justice Narasimha. Out of this, there is one degree of agreement and one degree of disagreement as to how far we have to go.
,Homosexuality is not limited to urban areas only. Justice Chandrachud said, ‘Homosexuality or queerness is not limited only to the urban elite class. This is not limited to people who speak English and have a good job, but women doing farming in villages can also be queer. To think that queer people exist only in urban or elite classes is like erasing the rest.
‘Not all people living in cities can be called queer. Queerness does not depend on one’s race or class or socio-economic status. It is also wrong to say that marriage is a permanent and never changing institution. The legislature has brought many reforms in the marriage law through several acts.
Supreme Court told the Center to form a committee for the rights of gay people The central government should form a committee for the rights of gay people. This committee will consider inclusion of gay couples as families in ration cards, nomination of gay couples for joint bank accounts, pension, gratuity etc. The report of the committee will be seen at the central government level.
