Same-sex marriage • Supreme Court of India

NEW DELHI, Oct 17 (Reuters) - India's top court on Tuesday said it cannot legalise same-sex marriages, with the chief justice of the country saying making such a law is the domain of parliament. Same-Sex Marriage Verdict LIVE Updates: 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. 17 Oct 2023, 12:45:48 PM IST Same-sex marriage judgment by 3:2 No legal recognition to same-sex marriages No constitutional or fundamental right to civil unions Centre's high-powered committee to examine concerns of same sex couples No right for queer couples to jointly adopt 17 Oct 2023, 12:38:11 PM IST Justice Ravindra Bhat disagrees with CJI on issuing directions on SMA Justice S Ravindra Bhat expresses disagreement over issuing directions to the government on the Special Marriage Act (SMA). “Courts can't create a social or legal institution for non-heterosexual couples. There's no unqualified right to marry and a consequent recognition by the State," observes Justice Bhat. Queer persons have right to choose partners, State cannot…' Justice Bhat Queer persons have right to choose partners, State cannot be obligated to recognise rights flowing from such union: Justice Bhat 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. Right to cohabiting cannot lead to setting up of an institution..’ Justice S Ravindra Bhat Justice Ravindra Bhat while reading his Judgment said, “ right to cohabiting cannot lead to setting up of an institution... ordering a social institution or re-arranging existing social structures would require construction of new code and also require marriage laws concerning alimony etc.. we cannot agree with CJI tracing union to freedom of speech and expression and the positive obligations. queer people has the right to privacy, dignity and to choose a partner. W e disagree with the CJI in this regard which forms the basis of the final conclusions," as quoted by Bar and Bench