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Business News/ News / India/  Supreme Court orders govt to protect queer rights, sensitise public. Check list of directives
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Supreme Court orders govt to protect queer rights, sensitise public. Check list of directives

Supreme Court verdict on legalising same-sex marriage falls short of majority vote. Apex Court recognises equal rights for queer people and calls for sensitisation of public. Court directs government to ensure non-discrimination and protection of queer community

Justice Chandrachud and Justice Kaul supported all the rights, but their stance was overruled by the majority judgment given by the other three judges: Justice Bhatt, Justice Hima Kholi, and Justice Narisimbha.Premium
Justice Chandrachud and Justice Kaul supported all the rights, but their stance was overruled by the majority judgment given by the other three judges: Justice Bhatt, Justice Hima Kholi, and Justice Narisimbha.

India waited with bated breath to know the Supreme Court verdict on legalising same-sex marriage, the decision for which fell short of gaining a majority vote from the five judge bench, led by Chief Justice of India DY Chandrachud. 

Justice Chandrachud and Justice Kaul supported all the rights for queer community, but their stance was overruled by the majority judgment given by the other three judges: Justice Bhatt, Justice Hima Kholi, and Justice Narisimbha.

Chief Justice of India D Y Chandrachud, who was pronouncing its verdict on 21 pleas seeking legal validation for same-sex marriages, said the court can't make law but only interpret it and it is for Parliament to change the Special Marriage Act.

The top court, however, recognised equal rights for queer people and their protection, while calling for sensitisation of the general public so they don't face discrimination.

The apex court, while passing four separate verdicts, was unanimous in holding that there is "no unqualified right" to marriage, and same-sex couples can't claim it as a fundamental right under the Constitution.

The Supreme Court directed the government-formed committee to examine matters related to these rights.

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Here is what the Supreme Court had directed State and Centre

-The Centre and state government have been asked to ensure that the people identifying as queer are not discriminated against on the basis of their sexual orientation.

-The apex court has directed the state to sensitise public about queer rights and set up a hotline for them. Chief Justice of India D Y Chandrachud said on Tuesday queerness is not urban or elite, or restricted to upper classes and privileged communities.

-The Supreme Court bench has also directed the law enforcer and police to conduct a preliminary enquiry before registering a First Information Report or FIR against a queer couple over their relationship. "There shall be no harassment to queer community by summoning them to police station solely to enquire about their sexual identity," CJI Chandrachud said

-The court ruled that queer community can't be forced to return to their families or to undergo any hormonal therapy.

-The CJI has directed the government to ensure that inter-sex children are not forced for sex change operations.

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Published: 17 Oct 2023, 05:04 PM IST
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