In a significant and closely-watched legal decision, the Supreme Court of India, led by Chief Justice D Y Chandrachud, rendered a unanimous verdict on October 17, 2023, which effectively declines to recognize same-sex marriages and also refuses to permit civil unions for non-heterosexual couples. This verdict has far-reaching implications for LGBTQ+ rights in India and has sparked significant debate and discussion. Here are the key highlights and takeaways from the Supreme Court’s decision:
No Fundamental Right to Marry
All five judges on the Constitution Bench, including Chief Justice Chandrachud, unanimously agreed that there is no fundamental right to marry under the Indian Constitution. This decision has dashed the hopes of many LGBTQ+ individuals seeking legal recognition of their unions.
Inability to Modify Special Marriage Act
Another critical aspect of the judgement is the unanimous agreement among the judges that it is not possible to modify the Special Marriage Act, 1954, through gender-neutral language to allow same-sex marriages. This aspect of the verdict was a significant setback for LGBTQ+ activists and supporters who had sought to reinterpret the Act to be inclusive of same-sex couples. Chief Justice Chandrachud specifically argued that such reinterpretation would effectively constitute “judicial lawmaking” and would violate the constitutional doctrine of separation of powers.
Majority and Minority Opinions
Four of the five judges formed the majority view, which concluded that same-sex couples should be granted specific rights and responsibilities through the legal mechanism of civil unions. In contrast, Chief Justice Chandrachud and Justice Kaul authored minority opinions that favoured extending civil union rights to same-sex couples. This difference in opinions reflects the complexity and divisiveness of the issue at hand.
High-Level Cabinet Committee for Rights
The Supreme Court took note of the Indian government’s commitment to forming a high-level Cabinet committee to explore the rights that can be conferred on non-heterosexual couples. These rights encompass various aspects of life, including the ability to open joint bank accounts, access provident fund and pension benefits, make medical decisions for a spouse, and secure inheritance rights. This aspect of the judgement reflects a potential avenue for future LGBTQ+ rights advocacy in India.
Striking Down Discriminatory Adoption Guidelines
In their minority opinion, Chief Justice Chandrachud and Justice Kaul struck down specific guidelines issued by the Central Adoption Resource Authority (CARA) that prevented same-sex or unmarried couples from jointly adopting children. They contended that it is discriminatory to assume that only married, heterosexual couples can provide a safe and nurturing environment for raising children.
The Supreme Court’s decision represents a landmark moment in the ongoing struggle for LGBTQ+ rights in India. While the judgement did not provide for the legal recognition of same-sex marriages, it did open the door for discussions regarding civil unions and broader rights for non-heterosexual couples.
Check out more links: Millennial Bridal Fashion Trends: What’s In and What’s Out | Avoiding Bridal Makeup Mishaps | Pre-Wedding Bridal Skincare: Achieving Glowing Beauty for Your Big Day | Binge-Worthy Indian Rom-Com Series: Spice Up Your Quality Time with Laughter and Love