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SC denies marriage equality rights to LGBTQIA+ community in India

Sutapasima thumbnail
Posted: 6 months ago

SC verdict on same sex marriages Explained Highlights: No fundamental right of same-sex couples to marry, says Supreme Court


Supreme Court Same-Sex Marriage Verdict Explained Live: A five-judge bench of the Supreme Court that was headed by Chief Justice of India DY Chandrachud, unanimously ruled against legalising same sex marriage in India today (October 17). The bench also ruled in a 3:2 verdict against civil unions for non-heterosexual couples. It comprised Justices Sanjay Kishan Kaul, Ravindra Bhat, Hima Kohli and PS Narasimha. 




Same-Sex Marriage Verdict:SC refuses to give marriage equality rights to LGBTQIA+ community in India

Same-Sex Marriage Verdict: The petitioners argued the same sex couples should be granted the same rights as any heterosexual couples like the status of spouse in finance and insurance issues; medial, inheritance, and succession decisions, and even in adoption and surrogacy matters.
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  • Same-Sex Marriage Verdict LIVE Updates: SC to deliver judgement todaySame-Sex Marriage Verdict LIVE Updates: SC to deliver judgement today

    Same-Sex Marriage Verdict: The Supreme Court pronounced its verdict on the legal recognition of same-sex marriage today ie. on 17 October. The apex court had reserved its judgment on 11 May on a batch of pleas seeking legal validation for same-sex marriage. The five-judge Constitution bench that was hearing the pleas comprised Chief Justice DY Chandrachud and Justices SK Kaul, SR Bhat, Hima Kohli and PS Narasimha. During the course of hearings, the petitioners said that “India is a marriage-based culture" and that LGBT (lesbian, gay, bisexual, and transgender) couples should be granted the same rights as any heterosexual couples have, like the status of “spouse" in finance and insurance issues; medial, inheritance, and succession decisions, and even in adoption and surrogacy matters.



    Same-sex marriage: Solicitor General Tushar Mehta hails SC verdict

    Solicitor General Tushar Mehta on Tuesday welcomed the Supreme Court judgement refusing to accord legal recognition to same-sex marriage under the Special Marriage Act and leaving the issue for Parliament to decide.

    The solicitor general, the key lawyer for the Centre who urged the top court to let Parliament take a call on the matter since it fell within the ambit of the legislature, said, “I wholeheartedly welcome the judgment. I am happy that my stand has been accepted."

    “All four judgements have taken the jurisprudence of our nation and the intellectual exercise which went into writing the judgments to a next level. There are very few courts in the world where one can expect this level of intellectual and scholarly judicial exercise. This judgement would be read across jurisdictions," he said in a statement.


    RSS welcomes SC verdict on same-sex marriages

    The Rashtriya Swayamsevak Sangh (RSS) on Tuesday welcomed the Supreme Court's decision on same-sex marriage, saying Parliament can hold a discussion on its various aspects and take "appropriate" decisions.

    A five-judge Constitution bench of the Supreme Court refused to grant legal recognition to same-sex marriages earlier in the day.

    Chief Justice of India D Y Chandrachud, who was heading the bench pronouncing its verdict on 21 pleas seeking legal validation for same-sex marriages, said the court can't make law but only interpret it and it is for Parliament to change the Special Marriage Act.


    ‘Welcome the decision’ Supreme Court Bar Association president Adish Aggarwala.

    Supreme Court Bar Association president Adish Aggarwala said, “I welcome the decision of the Supreme Court where they have not allowed same-sex marriage."



    ‘Even if the right to marriage has not been given, CJI has…’ Senior advocate Geeta Luthra

    Senior advocate Geeta Luthra who appeared for some of the petitioners in the marriage equality case says, "Even if the right to marriage has not been given, CJI has said that the same bundle of rights which every married couple has should be available to same-sex couples."



    'SC shouldn't give recognition...not consistent with Indian values': Top cleric on same-sex marriage

    As the five-judge Constitution Bench of the Supreme Court, led by Chief Justice of India (CJI), Justice DY Chandrachud, held a crucial hearing on a batch of pleas seeking recognition of same-sex marriage, Muslim cleric Maulana Sajid Rashidi said urged the apex court not to recognise such marriages and rule them as a "crime" instead.

    Speaking to ANI on Tuesday, Maulana Rashidi, said same-sex marriage was consistent with India's culture and was, in fact, a practice borrowed from the West.

    "The practice does not represent the Indian culture and is, in fact, an idea borrowed from the West. The Europeans and the West are open about these things but such practices should never be encouraged or allowed in India. All marital practices in the country are rooted in our time-honoured values and societal traditions. The Supreme Court should carefully consider our core values and beliefs before passing its final verdict in the matter," Rashidi told ANI.

    Conclusions of CJI's judgment:

    * It's for Parliament & state legislatures to legally recognise queer marriages

    * Can't nix/read down SMA

    * Queer couples have a right to enter into union

    * State's duty to ensure such unions & couples get protection & bouquet of rights

    * Queer & unmarried couples can jointly adopt

    * Centre should proceed with its committee, headed by the Cabinet Secretary, to address the raft of concerns of same-sex couples, including ration cards, pension, gratuit and succession.

    'It's a lengthy judgment and let's see how we take this battle forward' Arvind Narrain

     Arvind Narrain, PUCL state president on the Supreme Court's observations on same-sex marriage said, “In general, we welcome the judgment of the Supreme Court. Of course, it's a lengthy judgment and let's see how we take this battle forward. The point on which all the judges were united was the idea that we can't recognise the rights under the Special Marriage Act. We don't see this as a negative, it puts the ball back in our court."



    Same-sex marriage verdict: Always stood with citizens to protect their freedoms, choices, says Congress

    In a post on X, Congress general secretary Jairam Ramesh said, "On the same sex marriage and related issues we are studying the different and differing judgments delivered in the Supreme Court today and will have a detailed response subsequently."

    Edited by Sutapasima - 6 months ago

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    Sutapasima thumbnail
    Posted: 6 months ago

    Filmmaker Onir disappointed over Supreme Court's verdict on LGBTQIA marriage

    Filmmaker Onir has expressed his disappointment at the verdict pronounced on Tuesday by the Supreme Court of India which refused to legalise same-sex marriages.

    "DISAAPOINTED .... The cis gendered world FAILED to be better humans," Onir tweeted soon after the judgement by a five-judge Constitution bench headed by Chief Justice of India DY Chandrachud.

    The filmmaker, who has explored same-sex relationships in 'My Brother Nikhil' and 'Pine Cone' also posted on the X app "What a shame."


    Joint adoption remains distant dream for same-sex couples

    The couple, both men who have been together for 15 years, sat in Bengaluru watching with bated breath as the Supreme Court in far away Delhi read out the judgment on same-sex marriages that would decide their future as a family unit with their two children.

    But the legitimacy Rishi* and Aryan* (names changed) were looking for was not to be. A five-judge Constitution bench of the apex court refused to grant legal recognition to same-sex marriages. The bench also differed on applicability of adoption rules for queer couples while denying adoption rights to LGBTQIA couples.

    “The court's refusal to recognise our partnership has left an indelible scar, affecting our daily existence. It's incredibly painful," Aryan* told PTI over the phone.

    Both Rishi* and Aryan* adopted a son each as a single parent, one in 2016 and the other in 2022.

    "Our children know that we love each other deeply, but they're constantly reminded that our love isn't considered 'real' by the law. The emotional burden is unbearable and we see its effects on our kids every day," Aryan* said.

    Rishi* echoed his anguish.


    ‘Will keep fighting’ Petitioners, activist Anjali Gopalan

    While speaking to ANI, one of the petitioners and activist Anjali Gopalan said, " We have been fighting for long and will keep doing so. Regarding adoption also nothing was done, what the CJI said was very good regarding adoption but it's disappointing that other justices didn't agree...this is democracy but we are denying basic rights to our own citizens”

    Edited by Sutapasima - 6 months ago
    Sutapasima thumbnail
    Posted: 6 months ago

    CJI says it is for Parliament to effect changes in law, equality demands that queer persons not discriminated against

    The court can't make law but only interpret it and it is for Parliament to change the Special Marriage Act, Chief Justice of India (CJI) D Y Chandrachud said on Tuesday while pronouncing his verdict on 21 pleas seeking legal validation for same-sex marriages.

    At the outset, Justice Chandrachud said there are four judgments -- by himself, Justices Sanjay Kishan Kaul, S Ravindra Bhat and P S Narasimha -- in the matter. Justice Hima Kohli is also a part of the five-judge bench.

    Directing the Centre, states and Union Territories (UTs) to ensure that the queer community is not discriminated against, the CJI, who is heading the constitution bench, said queer is a natural phenomenon known for ages and is neither urban nor elitist.



    CJI directs government to sensitise public about queer rights

    CJI directs Centre and State governments to ensure that there is no discrimination in access to goods and services to the queer community and government to sensitise public about queer rights. Government to create hotline for queer community, create safe houses 'Garima Grih' for queer couples who face violence and ensure inter-sex children are not forced to undergo operations.



    CJI directives

    Petitioners submit the violence and discrimination faced by queer community.

    directions:

    1. Union, states, UT re directed to ensure queer community is not discriminated against, no discrimination in supply of goods and services, sensitise the public, to prevent harassment of any kind, to establish safe house in all areas, to ensure that sex change operations are not allowed when they are not of age to comprehend the effect of such procedures, no person shall undergo hormonal therapy as a precondition to be able to be recognised as a queer person

    Directions to police

    1. police shall ensure that no queer person are harassed to ascertain gender identity, no force by police to go back to their natal families, when a police complaint is filed by a queer couple after verification due protection to be granted.

    Sutapasima thumbnail
    Posted: 6 months ago

    CJI Chandrachud directs the Centre on safeguards for the queer community


    By striking down the Special Marriage Act provisions, the benefits of progressive legislation will be lost, says CJI Chandrachud in his opinion. The SMA governs a civil marriage where the state sanctions the marriage, rather than the religion.

    He also CJI directs the Centre to: 

    1. Ensure queer community is not discriminated against.

    2. Ensure there is no discrimination in access to goods and services.

    3. Sensitise the public about queer rights. 

    4. Create a hotline for the queer community. 

    5. Create safe houses or Garima grih for queer couples. 

    6. Ensure inter-sex children are not forced to undergo operations.

    7. No person shall be forced to undergo any hormonal therapy.

    He also issues guidelines to police to not harass queer people or force them to return to their natal families.

    By striking down the Special Marriage Act provisions, the benefits of progressive legislation will be lost, says CJI Chandrachud in his opinion. The SMA governs a civil marriage where the state sanctions the marriage, rather than the religion.

    He also CJI directs the Centre to: 

    1. Ensure queer community is not discriminated against.

    2. Ensure there is no discrimination in access to goods and services.

    3. Sensitise the public about queer rights. 

    4. Create a hotline for the queer community. 

    5. Create safe houses or Garima grih for queer couples. 

    6. Ensure inter-sex children are not forced to undergo operations.

    7. No person shall be forced to undergo any hormonal therapy.

    He also issues guidelines to police to not harass queer people or force them to return to their natal families.

    CJI says ‘police should conduct a preliminary enquiry before registering FIR against a queer couple’

    Police should conduct a preliminary enquiry before registering an FIR against a queer couple over their relationship, says CJI DY Chandrachud on marriage equality case.

    Edited by Sutapasima - 6 months ago
    Sutapasima thumbnail
    Posted: 6 months ago
    Sutapasima thumbnail
    Posted: 6 months ago

    I want to know if any single man/woman who has stable occupation n income is allowed to adopt a child .. why not single person from LGBTQ ? 

    Whether he has a partner or not need not matter to anybody . Any person can lovingly bring up a child . 

    Kyahikahoon thumbnail
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    Posted: 6 months ago

    Originally posted by: Sutapasima

    I want to know if any single man/woman who has stable occupation n income is allowed to adopt a child .. why not single person from LGBTQ ? 

    Whether he has a partner or not need not matter to anybody . Any person can lovingly bring up a child . 

    It is allowed..the Bangalore couple has each adopted a child as single parent..and 4 of them r living together.

    Joint adoption isn't allowed

    Sutapasima thumbnail
    Posted: 6 months ago
    Originally posted by: Kyahikahoon

    It is allowed..the Bangalore couple has each adopted a child as single parent..and 4 of them r living together.

    Joint adoption isn't allowed

    Living together happily is what matters …sharing n caring is most important for the good upbringing of a child…... let their marriage not be recognised… does it actually make any difference ? 

    Kyahikahoon thumbnail
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    Posted: 6 months ago
    Originally posted by: Sutapasima

    Living together happily is what matters …sharing n caring is most important for the good upbringing of a child…... let their marriage not be recognised… does it actually make any difference ? 


    Living together is allowed..marriage under special act isn't.

    Which means live-in is fine but can't be legally married

    Kyahikahoon thumbnail
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    Posted: 6 months ago

    .

    Edited by Kyahikahoon - 6 months ago