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The Supreme Court is announcing its decision on Tuesday regarding a collection of petitions that seek the legal validation of same-sex marriage.
NEW DELHI: The Supreme Court is announcing its decision on Tuesday regarding a collection of petitions that seek the legal validation of same-sex marriage. This case had been set aside for judgment since May 11.
He further emphasised that “this court can’t make law. It can only interpret it and give effect to it.” He explained that if the court were to modify or include provisions in Section 4 of the Special Marriage Act to grant marriage rights to LGBTQIA+ community members, it would be encroaching on the legislative realm.
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The Constitutional Bench, led by Chief Justice of India D.Y. Chandrachud, consists of four additional judges: Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and PS Narasimha. Justice Bhat’s retirement is slated for October 20.
The anticipation for the verdict is high because the government has strongly opposed the notion of a judicial ruling granting legal recognition to same-sex unions. It argued that such a declaration could lead to confusion and intrude into the legislative sphere. The government, in fact, contended that the court should defer to Parliament and not even acknowledge a legal status “less than marriage” for same-sex couples.
Chief Justice of India DY Chandrachud expressed that abolishing the Special Marriage Act (SMA) would regress the nation to the “pre-independence era”.
The Supreme Court’s ruling on same-sex marriages initially sparked optimism for the prospect of adoption rights for unmarried and LGBTQ+ couples. However, moments later, this hope was extinguished when three of the five judges on the bench voiced their disagreement with Chief Justice Of India DY Chandrachud and Justice SK Kaul on this matter.
