Gay Marriage / Supreme Court said on same sex marriage - Can live together but marriage is not legally recognized

Gay Marriage: The Supreme Court's decision has come on the demand to give legal recognition to same sex marriage. The Constitution bench of 5 judges has given the decision by 3-2. CJI and Justice Sanjay Kishan Kaul are on one side, while Justice Bhat, Justice Kohli and Justice Narasimha are on the other side. However, all five judges have asked the Central Committee to consider. Gay marriage is not recognized. The Supreme Court has said that only the Parliament has the right to make changes in the Special Marriage Act. Homosexuals can live together, but marriage cannot be recognized.

CJI DY Chandrachud said that marriage cannot be accepted as a fundamental basis for same-sex couples. He said that courts do not make laws, but can interpret and enforce them. Central and state governments should end discrimination. This is natural. Provide them protection. The gay community should not be discriminated against.

Homosexuals should not be harassed

The Supreme Court directed that there should be no discrimination in access to goods and services. No person shall be forced to undergo any hormonal therapy. Make the public aware about gay rights. Create a hotline for the gay community. Create safe homes for gay couples. There will be no harassment by calling the police station.

Law should be made for homosexuals: Justice Bhat

Justice Ravindra Bhat, in his separate decision, said that the government should make a law on this issue, so that homosexuals can get social and legal recognition. Homosexuals should have the right to have their own relationships without any hindrance and fear. Justice Bhat, citing the decision of two homosexuals to have a private relationship, said that it is the right of two people to want to live together for the rest of their lives. There should be no hindrance in this. A new framework should be prepared to provide them rights.

The CJI said that judicial review is appropriate as per the Constitution. In such a situation, we have considered the matter of fundamental rights. , I have dealt with the issue of judicial review and separation of powers. This means that each organ in the Constitution performs a different function. Traditional theory does not animate the functioning of most modern democracies. The subtle workings of this principle work and an institutional cooperation guides the functioning of the other hand.

The CJI pointed out that the Center said that would violate the separation of powers, but the court's power for judicial review is also part of the basic structure and sees that no organ acts in excess of the constitutional mandate.

Anyone can claim to be gay – CJI

The CJI said that from the limited search of literature on this subject it becomes clear that homosexuality is not a new subject. People can be gay, whether they are from the village or the city, not only an English speaking man can claim to be gay, but also a woman working on a farm in a rural area.

Humans live in complex societies – CJI

CJI said that humans live in complex societies. Our ability to feel love and connection with each other is what makes us feel human. The need to share our feelings makes us who we are. These relationships can take many forms, consanguineous families, romantic relationships, etc. The need to be part of a family is a core part of human nature and important for self-development.

Choosing a life partner is an integral part of life – CJI

The CJI said that the right to life under Article 21 ensures dignity and privacy. The right to intimacy arises from all this. Choosing a life partner is an integral part of life and defines one's identity. The ability to choose one's partner goes to the root of the right to life and liberty under Article 21.

Discrimination

The Chief Justice said that it is for Parliament to decide whether there is a need to change the provisions of the Special Marriage Act or not. The ability to choose one's life partner is linked to the right to life and liberty under Article 21. He said that the right to relationships includes the right to choose a life partner, its recognition; Not recognizing this type of relationship is discrimination. Everyone, including gay people, has the right to assess the moral quality of their lives.

There should be no discrimination against the gay community.

The Chief Justice said that this court has recognized that equality demands not to discriminate against homosexual persons. The law cannot assume that only opposite sex couples can prove to be good parents as this would amount to discrimination against homosexual couples. The Centre, States and Union Territories should ensure that the homosexual community is not discriminated against.

Earlier during the hearing, the Center had told the Supreme Court that any constitutional declaration made by it on petitions seeking legal recognition of gay marriage could not be the right course of action as the court would be in a position to anticipate its consequences, hypothesize Will not be able to do, understand and deal with them. Earlier in the month of May, the Constitution Bench of five judges headed by Chief Justice DY Chandrachud had reserved the decision after hearing for about 10 days. The bench of judges hearing these petitions included Chief Justice DY Chandrachud and Justice SK Kaul, Justice SR Bhatt, Justice Hima Kohli and Justice PS Narasimha.

Responses received from seven states

The Center had also told the court that it had received responses from seven states on the issue of same-sex marriage and the governments of Rajasthan, Andhra Pradesh and Assam had opposed the petitioners' plea to legalize same-sex marriage. The Supreme Court started hearing on this case on April 18.

Should be left to Parliament-Centre

Regarding this matter, the Central Government says that the Supreme Court should leave it to the Parliament. During the hearing, Solicitor General Tushar Mehta, who appeared before the court on behalf of the government, said that a biological father and mother can give birth to a child, this is the natural law, it should not be tampered with. Even if gay marriage is approved, who will be the wife in a man-man marriage?

The court cannot change the basic structure of the law

The central government told the Supreme Court that the court can neither rewrite the legal provisions nor change the basic structure of any law as was conceived at the time of its formulation. The Center requested the court to consider leaving the questions raised in the petitions regarding legalizing same-sex marriages to Parliament.