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NewsRescue
According to Indian media, the Supreme Court of India rejected to legally recognise same-sex marriages on Tuesday, leaving the decision to Parliament and state legislatures to deem such partnerships legitimate.
A bench of India’s highest court, while delivering its widely awaited ruling on a slew of petitions seeking legal support for same-sex marriages in the country, ruled that courts have no authority to order the legislature on the matter.
“The court can only interpret the law; it is up to Parliament to change the Special Marriage Act,” said Chief Justice of India (CJI) D Y Chandrachud. “The court cannot strike down or insert language into the Special Marriage Act to include same-sex members within the scope of the 1954 Act.”
The Special Marriage Act of 1954 is an Act of the Parliament of India that provides for civil marriage for Indians and Indian nationals living abroad. Petitioners in favour of same-sex marriages have stated that the Act should be interpreted “in a gender-neutral manner where a person is not discriminated against due to sexual orientation.”
Despite the ruling, the CJI stated that marriage has “undergone a sea change” and is not static. “The meaning of liberty is the ability to be who one wishes to be,” he said.
The five-judge panel also found that non-heterosexual couples should not be allowed to adopt a child together. However, Chandrachud overturned a Central Adoption Resource Authority (CARA) law that prohibited LGBTQ adoptions.
In the meanwhile, Chandrachud has requested that the federal government form a commission to “decide the rights and entitlements of persons in queer unions.” The group will address same-sex couples’ practical concerns, such as obtaining ration cards, pensions, and succession issues. In addition, the CJI has urged India’s federal and state governments to “ensure that the queer community is not discriminated against.”
