Chief Justice: Distinguishing Gender from Sexuality in Same-Sex Marriage Ruling
The Supreme Court, led by Chief Justice DY Chandrachud and four other judges, made an important decision about the rights of LGBTQIA people to marry. Here are the key points:
The judges looked into various cases about LGBTQIA marriage rights and gave their decision.
The Chief Justice emphasized that being LGBTQIA is not just for city people or rich folks. He also said that a person’s gender is different from their sexuality.
He pointed out that not recognizing LGBTQIA relationships leads to unfair treatment. The government will form a committee to study the rights of such couples.
Chandrachud said that for these relationships to be fully respected, they must be acknowledged, and basic rights can’t be denied. If the state doesn’t recognize them, it indirectly limits their freedom.
He stated that everyone, including LGBTQIA individuals, has the right to decide what’s right for their own lives. Liberty means being able to be yourself.
The court said that a rule preventing queer and unmarried couples from adopting is not allowed. However, they didn’t officially approve same-sex marriages but ensured some important benefits for queer couples.
The Chief Justice told the police not to bother LGBTQIA couples or force them to go back to their families without a proper investigation.
The judgment explained that the right to choose a life partner is connected to various parts of the constitution. It’s a fundamental part of a person’s identity and a key aspect of their right to live freely.
He emphasized that the court can’t force the government to create a new type of marriage. The existing Special Marriage Act doesn’t have to include same-sex marriages just yet.
The decision on whether to change the Special Marriage Act is up to the Parliament, not the court. They need to be careful not to make decisions that are the job of the lawmakers.
