
The Supreme Court on Tuesday (October 17, 2023) gave its verdict on the petitions demanding legal recognition of same sex marriage. The Supreme Court refused to recognize same sex marriage and emphasized that there should be no discrimination against gay couples and also talked about increasing awareness about homosexuality among the people of the country. The five-judge bench of Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul, Justice Ravindra Bhatt, Justice Hima Kohli and Justice PS Narasimha has given the verdict.
While giving the verdict, a five-member bench of Chief Justice of India DY Chandrachud said that the issue of fundamental rights has been raised before us, hence our decision will not be considered as interference in anyone’s jurisdiction. The court made this comment on the argument in which the Central Government warned that the Supreme Court would interfere in the jurisdiction of Parliament by recognizing such a marriage. The Supreme Court said that the court does not make law, but can interpret the law.
The Supreme Court had reserved its decision on the case on May 11 this year after hearing it continuously for ten days. The government had opposed same sex marriage. A total of 21 petitions were filed in the Supreme Court demanding recognition of same sex marriage. These petitions have demanded that same-sex marriage be given legal permission under the Special Marriage Act. The government had opposed the petitions saying that this issue falls within the jurisdiction of the legislature and the court should not interfere in it.
The government says that after recognition of gay marriages, there will be difficulties in implementing all the laws related to divorce, child, adoption and responsibility of maintenance of wife and children in case of separation. The central government has also said that recognizing this type of marriage will have a negative impact on the society. However, the government is ready to form a committee to solve the problems of same sex couples. During the hearing, the central government had told the Supreme Court that any constitutional declaration made by it on the petitions seeking legal recognition of same-sex marriage could not be the ‘right course of action’ as the court would not be able to foresee its consequences. , will not be able to envisage, understand and deal with them.
Court has given special guidelines to the government
The court said that every institution changes with time. Marriage is also such an institution. In the last 200 years, these changes have taken place from abolition of Sati, widow remarriage to inter-religious and inter-caste marriages. On whether gay marriage should be given status under the Special Marriage Act or not, the Supreme Court said that all these matters are for the Parliament to look into, but it is necessary that the government gives legal status to such relationships, so that they too can have the necessary status. To get legal rights. While giving the verdict, the court has given some special guidelines to the government.
These are the guidelines for Government given by the Court:
- Central and state governments should ensure that gay couples are not discriminated.
- Make people aware about gay people
- Create a helpline to help people of the gay community.
- Gender change operation of a child should be done only when he is capable of understanding it.
- No one should be forcibly given hormones that alter sexual behavior.
- Police should help such couples.
- Homosexual people should not be forced to return to their families against their will.
- FIR should be registered against such couples only after preliminary investigation not before that.