Key takeaways from the Supreme Court's verdict on same-sex marriage in India

A highly anticipated event unfolded in India as the Supreme Court issued its verdict on the legalisation of same-sex marriage. The court ruled against it and suggested that this matter should be transferred to Parliament, which has the authority to make a law.

What unfolded

• The Supreme Court announced its decision today, on October 17, 2023, regarding the legal recognition of same-sex marriage. This judgment followed the court's reservation of judgment on May 11, during which it entertained various pleas seeking validation for same-sex marriage.

• On Tuesday, the Supreme Court, with a 3-2 majority, delivered a judgment opposing the legal recognition of same-sex marriages. The court presented four judgments and made several observations on this issue.

• The case on same-sex marriage, which began on April 18, 2023, with arguments from all sides, continued for approximately 10 days, and its judgment was reserved on May 11, 2023.

• On April 18, the Centre solicited opinions from states regarding same-sex marriage. In response, the following states denied legal recognition:

1. - Assam
2. - Andhra Pradesh
3. - Rajasthan

Key takeaways

• In delivering the verdict, Chief Justice DY Chandrachud emphasized that the Court lacks the authority to compel Parliament or state assemblies to establish a new marriage institution and enact legislation for same-sex marriage.

• The Supreme Court clarified that it would address the matter within the framework of the Special Marriage Act, avoiding personal laws. The Center opposed the plea, asserting that Parliament, not the court, should handle it.

• The Chief Justice declared that denying material benefits or services to queer couples while providing them to heterosexual couples violates their fundamental rights.

• In response to the petitioners' concerns about violence and discrimination against the queer community, the panel unanimously recommended refraining from unjustly arresting LGBTQ+ individuals.

• Instead, it advised conducting a thorough inquiry before any such arrest to determine its necessity.

• The panel mandated that the queer community, 

1. must not face discrimination, 
2. ensuring equal access to goods and services, 
3. raising public awareness to prevent harassment, 
4. establishing safe houses in all regions, 
5. prohibiting sex change operations for those too young to comprehend the effects.

• The panel also provided further details on the regulations pertaining to transgender marriages. It reiterated that marriages between a trans-man and a trans-woman could be registered under the Special Marriage Act.

Ultimate decision

Ultimately, the Supreme Court's verdict failed to provide a conclusive end to the struggles for the freedom of sexuality, affirming that the legal recognition of same-sex marriages falls within the domain of Parliament, not the court.