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Business News/ News / India/  Same-Sex Marriage Verdict: ‘Gender of a person is not same as their sexuality,’ says CJI. Top 10 points

Same-Sex Marriage Verdict: ‘Gender of a person is not same as their sexuality,’ says CJI. Top 10 points

The Supreme Court's Constitution bench announced its verdict on Tuesday concerning multiple petitions related to the rights of marriage equality for the LGBTQIA community.

Same-sex marriage case hearing. (Representative Image) (HT_PRINT)Premium
Same-sex marriage case hearing. (Representative Image) (HT_PRINT)

On the same-sex marriage hearing, the Chief Justice of India DY Chandrachud said that the Gender of a person is not the same as their sexuality. Here are the top 10 updates from the hearing.

Also Read: Same-Sex Marriage Verdict LIVE Updates: Gender queerness isn't about status or affluence, says CJI

1. The Constitution bench of the Supreme Court, consisting of Chief Justice DY Chandrachud and Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and PS Narasimha, issued its judgment regarding various petitions concerning the marriage equality rights of the LGBTQIA community.

2. During the hearing, CJI said, as reported by LiveLaw, “Queerness is not urban elite. Homosexuality or queerness is not an urban concept or restricted to the upper classes of the society." CJI further stressed that the gender of a person is not the same as their sexuality.

3. The Supreme Court refuses to recognise same-sex marriage and says it is for the legislature to do.

4. Supreme Court records the statement of the Union that it will constitute a Committee to examine the rights and benefits which can be given to queer couples.

4. DY Chandrachud said that for the full enjoyment of such relationships, such unions need recognition and there cannot be a denial of basic goods and services. “The state can indirectly infringe upon freedom if it does not recognize the same," CJI stressed.

Also Read: Same same-sex marriage judgment day: Netizens hope for a step forward from SC

5. CJI said that all persons, including queer persons, have the right to judge the moral quality of their lives. “The meaning of liberty is the ability to be who one wishes to be."

6. The top court strikes down CARA regulation restricting queer and unmarried couples from adoption. He clarified his judgment has not granted any social or legal status or legal recognition to same-sex marriages but has ensured certain legitimate benefits flow to queer couples.

7. The CJI also instructed police officials not to harass queer couples, and force them to return to their parents. “Before lodging an FIR against a queer couple in connection to their relationship, there must be a preliminary inquiry."

8. “Right to intimate association has been linked to several articles in the constitution. one is article 19(1)(e).. where one can settle down anywhere and then building their life their also includes right to choose a life partner... right to life under article 21 ensures dignity and privacy. right to intimacy emanates from all of this.. choosing a life partner is an integral part of life and what defines their own identity. the ability to choose partner goes to the root of right to life and liberty under article 21," the judgement read.

Also Read: Same-Sex Marriage Verdict: SC grants equal rights to same-sex couples without legalizing marriage

9. The CJI further asserted that the top court can't compel Parliament or state assemblies to create a new institution of marriage. “Can't hold SMA unconstitutional just because it doesn't recognize same-sex marriages," he said.

10. Supreme Court refuses to strike down Special Marriage Act and Foreign Marriage Act for not recognizing queer marriages. “Whether a change in the regime of the Special Marriage Act is required is for the Parliament to decide. This Court must be careful to not enter into legislative domain," CJI stated. 

(With inputs from agencies)


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Published: 17 Oct 2023, 12:31 PM IST
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