A Constitution bench comprising five judges at the Supreme Court declined to bestow official recognition on same-sex marriages. Chief Justice of India, D. Y. Chandrachud, who presided over the bench’s deliberations, announced the verdict on 21 petitions seeking legal endorsement for same-sex marriages. He emphasized the court’s role as one of interpretation, not legislation, and suggested that the onus to amend the Special Marriage Act rested with Parliament.
Justice Chandrachud noted that the bench had rendered four separate judgments on the matter, with Justices Sanjay Kishan Kaul, S. Ravindra Bhat, and P. S. Narasimha contributing their perspectives. Justice Hima Kohli was also part of the five-judge panel. The Chief Justice, while directing the central government and state authorities to prevent discrimination against the LGBTQ+ community, asserted that queerness is a natural phenomenon with historical roots and is not confined to urban or elite settings.
Justice Kaul expressed his agreement with the Chief Justice’s stance on granting certain rights to queer couples, emphasizing the need to view non-heterosexual and heterosexual unions as two sides of the same coin. Justice Bhat, in delivering the operative portion of his verdict, expressed agreement on certain points while differing on others.
Chief Justice Chandrachud reaffirmed that the authority to alter the Special Marriage Act lies with Parliament and not the court, as the court’s role is limited to interpreting the law. He underscored that Solicitor General Tushar Mehta had pledged the government’s formation of a committee to determine the rights and entitlements of individuals in queer unions.
Furthermore, the Chief Justice directed authorities to raise awareness about queer rights and ensure that intersex children are not subjected to sex-change operations before they can fully comprehend the consequences. He also mandated a preliminary inquiry by the police before registering an FIR against queer couples regarding their relationship.
Justice Chandrachud asserted that homosexuality and queerness are not exclusive to urban spaces and are not limited by caste or class boundaries. He argued against the notion that marriage is a static and unchanging institution, contending that the freedom to choose a life partner is intrinsic to the right to life and liberty under Article 21 of the Constitution.
Recognizing such unions is vital, he added, and failing to do so would be discriminatory. The Chief Justice stressed that all individuals, including those who identify as queer, have the right to assess the moral quality of their lives, and the law should not discriminate against queer couples by assuming that only heterosexual couples can be good parents.
The verdict was delivered following a ten-day hearing that concluded on May 11. During the arguments, the central government expressed concerns about the potential consequences of a constitutional declaration on same-sex marriage petitions.
The Supreme Court had clarified that it would not delve into personal laws governing marriages while deciding on the petitions seeking judicial validation for same-sex marriages, asserting that the definition of “a man and a woman” in the Special Marriage Act was not strictly based on gender.
Some of the petitioners had urged the court to leverage its authority and prestige to encourage society to recognize such unions, which would enable LGBTQIA++ individuals to lead dignified lives, akin to their heterosexual counterparts.
LGBTQIA++ encompasses lesbian, gay, bisexual, transgender, queer, questioning, intersex, pansexual, two-spirit, asexual, and ally persons. On May 3, the central government pledged to establish a committee led by the cabinet secretary to address the humane concerns of same-sex couples without delving into the legal aspects of their marriages. On April 27, the court questioned whether social welfare benefits, such as joint bank accounts and nominations in provident funds and pension schemes, could be extended to same-sex couples without legalizing their marriages.