New Delhi, October 17(Press Ki Taquat)
Holding that there’s no fundamental right to marry, the Supreme Court on Tuesday refused to allow same-sex marriages in India even as it directed the Centre to set up a high-powered committee, headed by the Cabinet Secretary, to decide the rights and entitlements of persons in queer unions.
A five-judge Constitution Bench led by CJI DY Chandrachud unanimously turned down petitions seeking to allow same-sex marriages under the Special Marriage Act, saying it’s for Parliament to effect changes in the law for validating such unions.
There were four judgments — one each pronounced by CJI Chandrachud, Justice Sanjay Kishan Kaul, Justice S Ravindra Bhat and Justice PS Narasimha. Justice Hima Kohli agreed with Justice Bhat. In their verdicts, the judges agreed on certain issues and differed on others.
“The Constitution does not expressly recognise a fundamental right to marry,” wrote the CJI. Similarly, Justice Bhat ruled: “There is no unqualified right to marriage except that recognised by a statute, including space left by custom.”
With regard to the right of transgender persons in heterosexual relationships to marry as per the existing statutory laws or personal laws, the verdict was unanimous as Justice Kaul, Justice S Ravindra Bhat and Justice PS Narasimha agreed with the CJI’s opinion.