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Supreme Court Declines To Recognize Same-Sex Marriages

Supreme Court Declines To Recognize Same-Sex Marriages:

A five-judge Constitution Bench, led by Chief Justice of India D Y Chandrachud, issued a unanimous verdict declining to recognize same-sex marriages and civil unions for non-heterosexual couples.

  • All five judges on the Bench, including the CJI, agreed that there is no fundamental right to marry under the Indian Constitution.
  • Interpretation of the Special Marriage Act, 1954 to allow same-sex marriage using gender-neutral language was deemed unfeasible
  • The judgment did not recognize same-sex marriages or civil unions but acknowledged the right to choose partners and live-in relationships.
  • The court emphasized that family laws disproportionately exclude the queer community.
  • The responsibility for legal reforms and inclusivity in family law was placed on the legislature.