The Supreme Court of India’s refusal to accord legal recognition to marriages between persons of the same sex is seen as a huge legal setback to the queer community in the country.
Chief Justice of India D.Y. Chandrachud and Justice Sanjay Kishan Kaul have ruled that queer couples have a right to seek recognition for their union, but declined to read down the provisions of the Special Marriages Act to that effect.
On the other hand, Justices S. Ravindra Bhat, Hima Kohli and P.S. Narasimha reject the position, holding that any such recognition can only be based on statute.
In effect, the Court has accepted the government’s view that any move to legalise same-sex marriages will fall in the legislature’s domain.
Script and Presentation: Nistula Hebbar
Production: Yuvasree S & K. Rajashree Das
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