A five-judge bench of the Supreme Court denied the right to marriage equality to the LGBTQIA+ community in India. While giving instructions to the government, the bench said – it should consider implementing a law by forming a committee on this issue. It also instructed that there should be no discrimination of any kind against them.
The Supreme Court ruled on petitions seeking legal approval of same sex couples' marriages. Chief Justice DY Chandrachud said that a person cannot be stopped from marrying merely on the basis of his gender. Transgender persons have the right to marry under existing laws, including personal laws. Unmarried couples, including same sex couples, can jointly adopt a child. It said that the court cannot make law in this matter, but can only interpret and implement it. A five-judge Constitution bench headed by CJI Justice DY Chandrachud had reserved its verdict on May 11 after 10 days of hearing.
CJI gave these instructions to the government
1. Central and state governments should ensure that same-sex couples are not discriminated against.
2. Make people aware of them.
3. Create a helpline to assist them.
4. A child should undergo sex change operation only when he/she is capable of understanding it.
5. No one should be forcibly given hormones that change sexual tendencies.
6. Police should help such couples.
7. They should not be forced to return to their families against their will.
8. FIR should be registered against such couples only after preliminary investigation.
The Supreme Court directed the central government to form a committee to determine the rights and eligibility of people in same-sex marriage. This committee should also consider showing homosexuals as a family in ration cards. Apart from this, consideration should also be given to giving them rights in joint bank accounts, pension rights, gratuity etc. The report of the committee should be seen at the central government level.
The Chief Justice said that there cannot be any kind of restriction on homosexuals coming together. Transgender people in opposite-sex relationships have the right to marry under existing law. Apart from this, unmarried couples, even homosexual ones, can jointly adopt a child. The court has directed the central government and state governments to conduct awareness campaigns for the rights of homosexuals and ensure that there is no discrimination against them.
The petitioners supporting same sex marriage had demanded to register it under the Special Marriage Act. At the same time, the central government had called it against Indian society. In 20 petitions filed in the Supreme Court, the petitioners say that in 2018, the Constitutional Bench of the Supreme Court had abolished a part of the Act of Section 377 of the IPC, which considers homosexuality to be a crime.
Leave Your Comment