Same-Sex Marriage Verdict: Supreme Court Rejects Right To Marry In 3-2 Ruling
Unmarried queer couples do not have the right to adopt a child, the top court ruled in the majority verdict.
Unmarried Queer Couples Do Not Have The Right To Adopt A Child, Rules Supreme Court
The top court has refused to grant legal recognition to same sex marriages in a 3:2 majority verdict.
It is something that only the legislature is empowered to do and that the court cannot create a framework for such marriages, the Supreme Court said.
The top court has refused to strike down the Special Marriage Act and the Foreign Marriage Act for not giving recognition to queer marriages.
However, the court has accepted the proposition that transgender and intersex couples have a right to marry under the existing personal laws.
On adoption rights, the court has said that unmarried queer couples do not have the right to adopt a child.
Separately, the court has recorded the union government’s statement that it will formulate a committee that will examine the rights and benefits that can be bestowed upon queer couples.
Right To Marry A Statutory Right, Says Justice Narasimha
Justice PS Narasimha is in agreement with Justice Bhat.
The right to marry is a statutory right. The state is bound to extend protection to individuals so they can enjoy their rights, Justice Narasimha said in his judgment.
Government Should Take Next Step To Recognise Same-Sex Marriage: Justice Bhat
The union government may choose from a number of alternatives to take the next step for the recognition of marriage, says Justice Bhat.
It could also be that state legislatures might take action rather than the union.
However, the court shall refrain from doing it. The means to arrive at the destination should be legally sound.
There is no unqualified right to marry. The court cannot create a framework for such marriages.
Agree With CJI On Transgender People's Right To Marry, Says Justice Bhat
A gender neutral interpretation of the Special Marriage Act might work against the historically marginalised class that is 'women', says Justice Bhat.
We agree with CJI's conclusion that transgender people have a right to marry under existing laws, says Justice Bhat.
Civil Marriage Can't Exist Without Statute: Justice Bhat
Civil marriage or recognition of such cannot exist without the existence of a statute, says Justice Bhat.
The creation of the institution depends on state action.
While we agree that there is a right to a relationship, we characterise it as falling squarely under Article 21.
When the law is silent on something, Article 19 does not mandate the state to enact a law for the same.
There are intractable difficulties to formulate an institution of civil union through a judicial diktat.
