The Supreme Court will pronounce at 10.30AM today the judgment in the same-sex marriage case.A 5-judge Constitution Bench comprising Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and PS Narasimha will deliver the judgment in a batch of twenty petitions which seek legal recognition for same-sex and queer marriages. The bench has confined the...
The Supreme Court will pronounce at 10.30AM today the judgment in the same-sex marriage case.
A 5-judge Constitution Bench comprising Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and PS Narasimha will deliver the judgment in a batch of twenty petitions which seek legal recognition for same-sex and queer marriages. The bench has confined the case to the Special Marriage Act 1954 and clarified that it will not deal with the Hindu Marriage Act or personal laws.
The judgment in the case was reserved on May 11.
Follow this page for live-updates about the judgment pronouncement from the Supreme Court.
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Judgment pronouncement ends.
Justice Narasimha: A review of the impact of the legislative framework in this case requires deliberative exercise and for the same, the legislature is entrusted to do so constitutionally.
Justice Narasimha says a review of legislative schemes which excludes same-sex partners from pension, PF, gratuity, insurance etc needs to be undertaken.
Justice Narasimha : It would not be Constitutionally permissible to recognize a right to civil union mirroring a marriage.
Justice Narasimha : I agree with Justice Bhat's view on the Constitutionality of CARA Regulations.
Justice Narasimha : Right to marriage is a statutory right or flowing from a custom.
Justice Narasimha : Constitutional challenge to Special Marriage Act and Foreign Marriage Act must fail for the reasons given by Justice Bhat.
Justice Narasimha also says he agrees with the view of Justice Ravindra Bhat.
Justice Narasimha : There is no unqualified right to marry.
Justice Bhat : Transsexual persons in homosexual relationships have the right to marry.
Justice Bhat : CARA regulations not void for not allowing queer couples to adopt.
Justice Bhat : State shall ensure queer persons are not harassed..
Justice Hima Kohli says she agrees with the view of Justice Ravindra Bhat.
Justice Bhat : Challenge to Special Marriage Act on the ground of under-classification is not made out.
Justice Bhat : Consistent with the statement made to the Court, the Union will set up a High Powered Committee to examine the rights and benefits to queer couples.
Justice Bhat : When questions are polycentric in nature, the Court must defer to other institutions...
Justice Bhat : However much we empathise with the cause, the means to the end must also be legally sound...
Justice Bhat's conclusions :
There is no unqualified right to marriage.
Conferring legal status to civil union can only be through enacted law.
But these findings will not preclude the right of queer persons to enter into relationships.
Justice Bhat : To create an overarching obligation upon the state is not rooted in any past decision or jurisprudence but queer people have the right to cohabit without disturbance and thus to live without threat flows from that.