Chief Justice of India Stands by Minority Judgment on Same-Sex Marriage
Image Source: India Today
The Chief Justice of India, DY Chandrachud, has reaffirmed his stance on the ‘minority judgment’ in the recent Supreme Court constitution bench verdict regarding the legal recognition of same-sex marriage. In a groundbreaking case, the Supreme Court declined to grant legal recognition to same-sex marriages, arguing that there was no fundamental right to marry in this context.
CJI Chandrachud highlighted the significance of decriminalizing same-sex consensual relations between adults, which was a momentous step forward in recognizing the LGBTQ+ community’s rights in India. However, he also emphasized that this ruling did not mark the end of the evolution of LGBTQ+ rights in the country.
The case before the Supreme Court involved a series of petitions from same-sex couples seeking the right to marry. CJI Chandrachud explained that the court considered the question of whether it had jurisdiction to mandate the right to marry, given India’s legislation, particularly the Special Marriage Act, was originally designed for heterosexual couples. While the majority opinion was that legislating on the right to marry should be within the domain of Parliament, CJI Chandrachud and a colleague expressed the view that there were sufficient constitutional principles, such as the right to association and personal liberty, to support recognizing same-sex unions through civil unions.
The case underscores the ongoing debate about the role of the judiciary versus the legislature in advancing LGBTQ+ rights in India, and it remains a pivotal point in the evolution of these rights in the country.
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- Harshit Tokas is a Political Science and International Affairs Post-Graduate with a passion for understanding and analyzing complex political landscapes. Skilled in research, data analysis, and policy development. Eager to contribute his knowledge and insights to drive positive change.
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