The verdict of the five judge bench, comprising CJI D Y Chandrachud, Justices Sanjay K Kaul, S R Bhat, Hima Kohli and P S Narasimha, was unanimous in its decision not to give legal legitimacy to same-sex marriages under SMA, 1954 on the ground that it fell squarely in the legislature’s domain.However, CJI Chandrachud and JusticeKaul formed the minority opinion that allowed a slew of benefits like legitimising civil union of same-sex persons and queer couple’s right to adopt children.
The petitioners — Udit Sood, Saattvic, Lakhsmi Manoharan and Gagandeep Paul — raised the same grounds on which the original writ petitions were filed seeking legal recognition to same-sex marriages.
The review petitioners said the judgment denies the queer community members “right to marry, to choose a partner of one’s own choice and to form a family — all privileges which are conferred upon heterosexual couples”. They said that though the court recognised the discrimination faced by members of LGBTQIA+ community members in the society, it failed to mitigate them.
From same-sex marriage to adoption rights for couples: 10 Key takeaways from Supreme Court Verdict
The petitioners said, “For a Constitutional Court to specifically find discrimination against a marginalised community, but refuse to grant appropriate relief on the ground that it is for the state to take measures, is an abdication of its duties under the Constitution. Such contradictions must be remedied by the SC in its review jurisdiction.”
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