Same sex marriage not legalised: Three of five judges disagree, two including CJI in favour

NEW DELHI: The Supreme Court pronounced separate judgments on pleas to legalize same-sex marriage. A constitution bench led by Chief Justice D Y Chandrachud considered the pleas. Only Chief Justice and Justice Sanjay Kaul supported the plea. Justices Ravindra Bhatt, Narasimha and Hima Kohli opposed.The Chief Justice had earlier informed that there is agreement and disagreement among the judges. Same-sex marriage is not just a demand of the urban elite. This is also the view of women working in the field. He also pointed out that not everyone in cities is elite.

Marriage is not a fixed and immutable arrangement. Reforms have been introduced in marriage through laws. Section 4 of the Spousal Marriage Act is unconstitutional. Accepting same-sex marriage. The Chief Justice also pointed out that it is up to the Parliament to decide whether to bring changes in the Special Marriage Act.

The petitioners demanded that ‘man and woman’ be changed to ‘individual’ and ‘husband and wife’ to ‘couple’ in the Special Marriage Act to register same-sex marriage.

Twenty-one pleas were adjourned for judgment on May 11 after ten days of detailed hearing. Opposing arguments including those of the central government, individuals and organizations were also heard. The argument was heard for about forty hours. The court had earlier responded that it cannot judge by looking at how the Parliament will react.

The central government and the states of Rajasthan, Assam and Andhra have opposed legalizing same-sex marriage. Other states including Kerala did not express their position in the open court. The Centre had taken a stand that it is a complex issue that has a major impact on the society and will affect personal laws as well. There should be a debate at the community and government level. The central government had informed that the matter is within the purview of the Parliament. There is a live telecast of the verdict on the Supreme Court’s official website and YouTube channel.