Image Credit Via X @LiveLawIndia
In a historic and long-awaited verdict, Chief Justice D Y Chandrachud emphasized the role of Parliament in amending the Special Marriage Act while delivering judgment on 21 petitions seeking legal recognition for same-sex marriages. The verdict, presented as four separate judgments, marks a significant milestone in India’s legal landscape.
Chief Justice Chandrachud began by stressing that the court’s function is to interpret existing law rather than create new legislation. He underlined that the responsibility for changing the Special Marriage Act lies with the legislative body, Parliament.
CJI Chandrachud’s Clarification: “This court can’t make law; its role is to interpret and implement existing laws. The question of reforming the Special Marriage Act should be addressed by Parliament.”
The Chief Justice challenged the notion that marriage is a static institution, emphasizing its dynamic nature and the evolving societal understanding of relationships.
The five-judge constitution bench, including Chief Justice Chandrachud and Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and P S Narasimha, delivered separate verdicts on the matter.
He further debunked the misconception that homosexuality or queerness is confined to urban spaces or limited to specific social classes, asserting that such identities transcend caste or class distinctions.
CJI Chandrachud’s Inclusive Perspective: “To confine queerness to urban settings would be a disservice, as queerness knows no caste or class boundaries.”
The comprehensive judgment, issued after extensive hearings spanning ten days and involving 21 pleas, ushers in a new chapter in the fight for LGBTQ+ rights in India. It reframes the debate around same-sex unions, highlighting the need for legislative action while emphasizing the dynamic and diverse nature of human relationships.
As the legal landscape evolves, India moves closer to recognizing and protecting the rights and relationships of its LGBTQ+ citizens. The judgment lays the groundwork for further discussions and potential legislative changes on this important issue. Stay tuned for more updates as this groundbreaking verdict unfolds.
