SC refuses to legalise same-sex marriage, says queer couples have right to cohabit
Hindustan TimesNEW DELHI: The Supreme Court on Tuesday declined to grant legal recognition to same-sex marriages, holding that it is only for Parliament and state legislatures to create such institutions and grant them legal validation. The Supreme Court’s constitution bench that ruled on same-sex marriage comprises Chief Justice of India Dhananjaya Y Chandrachud and justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and PS Narasimha The constitution bench of five judges, comprising Chief Justice of India Dhananjaya Y Chandrachud and justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and PS Narasimha, were unanimous that it is beyond the remit of courts to issue a positive direction to the legislature to accord legal recognition to same-sex marriages. The judgments, separately authored by the CJI and justices Kaul, Bhat and Narasimha, also refused to annul or tweak the provisions of the Special Marriage Act to include non-heterosexual couples within its fold, even as they declared that queer couples have a right to cohabit without any threat of violence, coercion of interference. The court had at the time clarified that the remit of the proceedings would confine to legal validation of same-sex marriage within the fold of the Special Marriage Act. Even as it agreed to set up an inter-ministerial committee, headed by the cabinet secretary, to examine the “administrative steps” that the Centre can consider for ensuring certain benefits for the same-sex couples even in absence of a legal recognition of marriage, the government urged the Constitution bench to refrain from issuing any declaration - either of acceptance of any right for same-sex couples or acceptance of the very relationship.