Same-sex marriages are unions between individuals who are of the same gender. Despite the fact that there were ongoing initiatives that recognize and legalize same-sex marriages in India, they are not officially accepted. The matter is significant since it relates to the fundamental rights of LGBTQ+ people as well as the acceptance and preservation of their relationships.
The socially conservative nation, which has the largest population in the world, has produced front-page news about the topic for the past year, setting off raging internet debates. The LGBTQ community in India has historically experienced discrimination at the hands of the state, influential religious figures, and traditionalist members of society.
Same-sex Marriage: Current Standing
Experts from different RJS Coaching in Jaipur discussed that the Supreme Court on 17th October 2023, after several battles and debates on whether the recognition of marriage between same-sex couples would be granted or not, dropped to formally recognize same-sex marriages, handing that authority over to the Parliament to make laws.
The educators in the RJS Coaching in Jaipur also focused on how the decision shattered the dreams of hundreds of millions in the LGBTQ+ community. The fact that the court refrained from defying the government and granted same-sex couples their desired complete marriage rights, shocked the entire community.
The 3:2 Verdict of the Supreme Court: Same-sex Marriage
These petitions have undergone a great deal of labor, and the LGBTQ+ community has connected many hopes and goals to them, including the desire to live lives that the majority of Indians consider to be granted. But the dream turned into disappointment.
The 3:2 verdict of the Supreme Court which is the current discussion in every RJS Coaching in Jaipur, which resulted in disappointment in the LGBTQ+ community was headed by a five-judge bench.
Majority Opinions
- Justices Bhat, Justice Kohli and Justice Narasimha issued the majority opinion. They ruled against the recognition of same-sex marriage and held that same-sex couples have no inherent right to marriage and that legal relationships between them are not recognized by the legislation.
Dissenting Opinions
- CJI DY Chandrachud and Justice Kaul issued the dissenting opinion. They issued their opinions against the majority opinion in the favour of recognition of same-sex marriage. In an effort to safeguard LGBTQ+ community rights, they also demanded the enactment of an anti-discrimination law. The two justices also stated that same-sex couples should be entitled to adopt children.
Significance of the Verdict: Same-sex Marriage
- The final verdict of the five-judge bench’s to not recognize same-sex marriages has not been driven by a fundamental difference with equal rights in marriage, but rather by legal intricacies and issues with judicial legislation.
- All of the judges concurred in response to the center’s assertion during the case hearing that the queer couples constitute neither an urban nor elite community.
- The challenge to the Special Marriage Act was deemed invalid by the Court. They also stressed the demand for new legislation if civil unions are to have the same legal legitimacy.
It was further agreed that, despite their lack of legal standing, queer couples possess the right to establish relationships based on their own choice, autonomy, and privacy. The verdict also addressed concerns relating to social welfare entitlements, compensation payments, and the rights of transgender people to marry, while reiterating that couples of the same sex do not currently have the legal right to adopt children under the present legislation.
Drawbacks of the Verdict: Same-sex marriage
- Overall, the verdict appears to represent a step backward from the Navtej Singh Johar case and is unquestionably a defeat for the members of the LGBTQIA+ community.
- It goes without saying that it is paradoxical that the court, which is directing the State and Police to act without prejudice, acts unfairly against the community altogether.
Recommendations
- The five-judge bench took note of the center’s proposal that the cabinet secretary would chair a panel of high-power committees that would examine the real-life difficulties encountered by same-sex couples.
- The government panel must examine the barriers LGBTQ+ couples experience in obtaining basic services, agreeing that these obstacles are discriminatory in character.
- The members of such a committee should be experts in the field with experience who are capable of delving into these complex issues.
- It emphasized the necessity of making sure queer and transgender people are not compelled to go through medical or surgical procedures and should be permitted to coexist peacefully.
What’s in the Next Phase?
Although the verdict of the five-judge bench left a lot of individuals upset, there is still hope that the government will allow same-sex couples more rights, keeping its commitment to form a committee to look into the obstacles that they come across every day, such as acquiring ration cards and having access to pension benefits. It may be necessary to amend family law to reflect those changes.
