Same-sex marriage demands gain steam in India
4 years, 2 months ago

Same-sex marriage demands gain steam in India

Deccan Chronicle  

The decriminalisation of Section 377 of the IPC in 2018 was a landmark judgment, favouring the Indian LGBTQI community, but it’s been two years since and the law still doesn’t permit same-sex couples to marry. Recently, Delhi High Court sought the response of the Centre and the Delhi Government after going through two separate pleas by two same-sex couples seeking legal registration of their marriages under the Special Marriage Act and Foreign Marriage Act, respectively. “I have seen many families accept same-sex relationships, especially after the 2018 judgment when Supreme Court ended Section 377, and legalised gay sex,” says Nishant. “I think in a time when intolerance towards the ‘other’ is growing in India, marriage equality could support wider societal change and imaginaries of openness and acceptance,” he adds.

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History of this topic

Supreme Court to Hear Arguments on Marital Rape Law: Examining Exception 2s to IPC and BNS
2 months ago

Supreme Court to Hear Arguments on Marital Rape Law: Examining Exception 2s to IPC and BNS

The Hindu  

The Supreme Court will continue hearing on Wednesday a batch of petitions challenging the constitutional validity of Exception 2 to Section 375 of the Indian Penal Code, 1860 (IPC) and Exception 2 of Section 63 of the Bharatiya Nyaya Sanhita (BNS), 2023. These provisions grant legal immunity to Indian husbands by stipulating that “sexual intercourse or acts by a man …

Supreme Court's Judgment on Child Marriage: A Violation of Fundamental Constitutional Rights
2 months ago

Supreme Court's Judgment on Child Marriage: A Violation of Fundamental Constitutional Rights

Live Law  

The Supreme Court has issued guidelines to prevent child marriages, stating that child marriages violate the rights to self-determination, choice, autonomy, sexuality, health and education of children. The Court noted that child marriages impose mature burdens on children who are not physically or mentally prepared to comprehend the significance of marriage. When women are forced into marriages to protect their …

The vulnerability of live-in couples
3 months, 2 weeks ago

The vulnerability of live-in couples

The Hindu  

In 2022, investigations began into the disappearance of a 26-year-old woman, Shraddha Walkar. In following judgments, the Supreme Court extended the same protection to live-in relationships, stating, “Live-in or marriage-like relationship is neither a crime nor a sin though socially unacceptable in this country”. In Chawali v. State of U.P., the Allahabad High Court, building on the conservatism towards marriage, …

Same-Sex Marriages: SC Defers Review Plea As Justice Sanjiv Khanna Recuses From Hearing
5 months, 1 week ago

Same-Sex Marriages: SC Defers Review Plea As Justice Sanjiv Khanna Recuses From Hearing

ABP News  

The Supreme Court on Wednesday deferred hearing the review petition filed against the October 2023 judgment denying fundamental right marry to queer couples. Yesterday, the petitioners who filed a review plea against the Supreme Court verdict denying marriage equality to the queer community orally mentioned the plea before a three judge bench led by CJI Chandrachud and requested for an …

Same-sex marriage: Supreme Court to hear review petitions on case today
5 months, 2 weeks ago

Same-sex marriage: Supreme Court to hear review petitions on case today

Hindustan Times  

A five judge bench comprising Chief Justice of India DY Chandrachud and Justices Sanjiv Khanna, Hima Kohli, BV Nagarathna and PS Narasimha on Wednesday, July 10, are scheduled to consider in-chambers the batch of pleas seeking review of its last year's judgment declining legal recognition to same-sex marriage. In a setback to gay rights activists, a five-judge constitution bench headed …

Same-sex marriage: CJI to consider requests for open court hearing of same-sex marriage verdict review
5 months, 2 weeks ago

Same-sex marriage: CJI to consider requests for open court hearing of same-sex marriage verdict review

The Hindu  

A five-judge Bench headed by Chief Justice of India D.Y. Chandrachud is scheduled on July 10 to hear petitions seeking a review of an October 2023 judgment of the Supreme Court which refused to legalise same-sex marriage. Tuesday morning saw senior advocates A.M. Singhvi, Mukul Rohatgi, Neeraj Kishan Kaul, Menaka Guruswamy, advocates Karuna Nundy and Arundhati Katju urge the Chief …

Same-Sex Marriage: Supreme Court Denies Open Court Hearing For Review Plea Against Judgment
5 months, 2 weeks ago

Same-Sex Marriage: Supreme Court Denies Open Court Hearing For Review Plea Against Judgment

ABP News  

The petitioners who have filed a review plea against the Supreme Court verdict denying marriage equality to the queer community on Tuesday orally mentioned the plea before a three judge bench led by CJI Chandrachud and requested for an open court hearing on the same. Senior Advocate NK Kaul mentioned the review petition against the 'marriage equality' decision where the …

Marriage Equality Case : Supreme Court To Consider Review Petitions On July 10; Justices Sanjiv Khanna & Nagarathna Replace Retired Judges
5 months, 2 weeks ago

Marriage Equality Case : Supreme Court To Consider Review Petitions On July 10; Justices Sanjiv Khanna & Nagarathna Replace Retired Judges

Live Law  

The petitions seeking review of the judgment refusing to recognize same-sex marriages are listed in the Supreme Court on July 10. Notably, the review petitions will be considered by a new bench composition since two judges of the 5-judge bench which delivered the judgment- Justices Sanjay Kishan Kaul and S Ravindra Bhat- have since retired.Justices Sanjiv Khanna and BV Nagarathna …

Marrying Person Of One's Choice Is A Fundamental Right, No One Can Interfere With Marriage Preferences Of Adults: Punjab & Haryana High Court
5 months, 3 weeks ago

Marrying Person Of One's Choice Is A Fundamental Right, No One Can Interfere With Marriage Preferences Of Adults: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has observed that the right to marry a person of one's own wish is a fundamental right.The development came while hearing a protection plea of a couple who stated to have legally married each other and apprehended threats from their relatives.Justice Kuldeep Tiwari observed, “To marry a person of one's own choice, is the …

Marriage, a chaotic construct!
6 months, 3 weeks ago

Marriage, a chaotic construct!

New Indian Express  

Critiques of marriage as an institution occur within a world in which the institution holds all kinds of power, which is why people who are critical of it may get married anyway. Pragmatically speaking, being legally married may be the best if not only way to ensure that one’s partner’s role in one’s life — or one’s role in their …

How the state views interpersonal relationships
9 months, 3 weeks ago

How the state views interpersonal relationships

Hindustan Times  

Any intervention of the state in the personal domain needs to maintain a delicate balance between a person’s right to privacy and the state’s interest in maintaining a just social order. Most recently, while refusing to recognise the right to marriage as a fundamental right in October 2023, the Supreme Court in Supriyo v. Union of India noted that the …

UCC Debate | Why Uttarakhand’s Uniform Civil Code is a progressive leap into the future
10 months, 1 week ago

UCC Debate | Why Uttarakhand’s Uniform Civil Code is a progressive leap into the future

Hindustan Times  

In the unfolding narrative of India's legal landscape, the enactment of the Uniform Civil Code in Uttarakhand is a significant stride towards fostering a fair and inclusive society. Polygamy perpetuates gender inequality by often relegating women to subordinate roles within the marriage and exacerbating economic disparities as resources are divided among multiple households, potentially depriving some family members of basic …

Legally Speaking | The quest for equality, which is at the heart of the Uttarakhand UCC bill, is flawed
10 months, 1 week ago

Legally Speaking | The quest for equality, which is at the heart of the Uttarakhand UCC bill, is flawed

Hindustan Times  

Uttarakhand's Uniform Civil Code bill, recently passed by the state assembly session, has been a subject of intense discussion. While criminal laws apply to all Indian citizens without regard to religion, caste, race, or creed, distinct religious communities are governed by independent religious laws known as personal laws in case of civil matters such as marriage, divorce, maintenance, guardianship, succession, …

UCC Bill ‘introduces moral policing, criminalises autonomy’
10 months, 2 weeks ago

UCC Bill ‘introduces moral policing, criminalises autonomy’

The Hindu  

The Uniform Civil Code Bill passed by the Uttarakhand Legislative Assembly criminalises constitutional behaviour among consenting adults such as live-in relationships, introduces moral policing and fails to address gender discriminatory practices in the personal laws of various religious communities including Hindus and Muslims, according to women’s groups in Uttarakhand. But it fails to ensure gender justice by not incorporating positive …

Uttarakhand Uniform Civil Code dares right to form ‘intimate associations’
10 months, 2 weeks ago

Uttarakhand Uniform Civil Code dares right to form ‘intimate associations’

The Hindu  

The Uniform Civil Code passed in Uttarakhand on Wednesday, which requires consenting adults who intend to enter a live-in relationship to submit a “joint statement” to that effect before a “Registrar”, dares individuals’ freedom to form “intimate associations” without state monitoring or regulation. Chandrachud, in his minority opinion while heading a Constitution Bench in Supriyo versus Union of India, refers …

Nepal Registers First Same-Sex Marriage
11 months ago

Nepal Registers First Same-Sex Marriage

The Diplomat  

On November 29, Nepal registered its first same-sex marriage between Ram Bahadur Gurung and Surendra Pandey. The registration occurred in Dordi Rural Municipality in Lamjung district after the Supreme Court issued an interim order to register same-sex marriages and keep temporary marriage records. In 2007, Nepal’s Supreme Court ordered the government to recognize a third gender category, audit all laws …

DC Edit | Let society evolve; resist return of regressive laws
1 year, 1 month ago

DC Edit | Let society evolve; resist return of regressive laws

Deccan Chronicle  

The recommendation of the parliamentary consultative committee for the Union home ministry to re-criminalise adultery “to protect the institution of marriage” may fit right into the authoritarian agenda of the ruling dispensation but will militate against modern values which prize personal liberty and freedom of conscience and allows every adult their own agency while limiting scope for state interference in …

A cautionary tale for cause lawyers
1 year, 1 month ago

A cautionary tale for cause lawyers

Hindustan Times  

The Supreme Court on October 17 unanimously rejected the argument that there is a constitutional right to same-sex marriage. While the minority recognised and sought to operationalise the right to adoption and a civil union, the majority did not go as far and stopped short of generally recognising the right to a relationship and the discriminatory impact of the existing …

Marriage equality order is not just about LGBTQ+
1 year, 1 month ago

Marriage equality order is not just about LGBTQ+

Hindustan Times  

The Supreme Court delivered a divided verdict last week on granting constitutional protection to civil unions and adoption rights for queer couples, even as it was unanimous in ruling that there is no constitutional right to marry and that the State can step in when its interest in democratising private space overrides the interests of privacy. These petitions argue that …

CJI stands by minority judgment on queer couples, cites, ‘vote of conscience’
1 year, 1 month ago

CJI stands by minority judgment on queer couples, cites, ‘vote of conscience’

Live Mint  

Chief Justice of India D Y Chandrachud, in defence of his dissenting view in the recent same-sex marriage ruling by the Supreme Court, emphasized that decisions made on matters of constitutional significance frequently rely on individual judges' "vote of conscience." The event focused on “Perspectives from the Supreme Courts of India and the United States.” “I do believe that sometimes …

'Complex area wasn't confined to...': In US, CJI DY Chandrachud explains queer verdict
1 year, 2 months ago

'Complex area wasn't confined to...': In US, CJI DY Chandrachud explains queer verdict

Hindustan Times  

Chief Justice of India DY Chandrachud, responding to questions on the recent Supreme Court judgment on queer couples, said he believes that “sometimes it’s a vote of conscience”. CJI Justice DY Chandrachud CJI Chandrachud was speaking at the 3rd Comparative Constitutional Law discussion on the topic 'Perspectives from the Supreme Courts of India and the United States', in Washington DC. …

CJI Chandrachud stands by minority judgement on queer couples, says ‘it’s sometimes a vote of conscience’
1 year, 2 months ago

CJI Chandrachud stands by minority judgement on queer couples, says ‘it’s sometimes a vote of conscience’

India TV News  

Washington, DC: Chief Justice of India DY Chandrachud referred to the recent Supreme Court judgement on the same-sex marriage by a five-judge bench, and said that he stands by his minority stance in favour of civil unions of queer couples as it is “sometimes a vote of conscience and a vote of the Constitution”. The CJI reiterated his minority decision …

On marriage equality, a missed opportunity
1 year, 2 months ago

On marriage equality, a missed opportunity

Hindustan Times  

On October 17, 2023, the world’s most powerful Supreme Court expressed its inability to recognise same-sex marriage in Supriyo vs Union of India. Legislation by the Indian Parliament granting legal recognition to same-sex marriage is almost improbable, given its populist gesture in such contentious issues. Given the nuances of the existing laws and since there was a legislative vacuum as …

The Supreme Court’s ‘no fundamental right to marry’ is wrong
1 year, 2 months ago

The Supreme Court’s ‘no fundamental right to marry’ is wrong

The Hindu  

So we have it from the Supreme Court of India in Supriyo Chakraborty. It is in this background that the Court, in Supriyo Chakraborty, was asked to decide the right of recognition to marriage by the state of non-heterosexual couples The human rights declaration The fundamental core decision of the Supreme Court in Supriyo Chakraborty is that there is no …

Parsa Venkateshwar Rao Jr | Legalising gay marriage: Societal shift takes time
1 year, 2 months ago

Parsa Venkateshwar Rao Jr | Legalising gay marriage: Societal shift takes time

Deccan Chronicle  

The decision of a five-judge bench of the Supreme Court last week that it is not for the court to recognise the marital status of LGBTQ+ people, and that it is for Parliament and the state legislatures to make the necessary amendments to the Special Marriages Act, can be seen as a judicially informed decision, or as an expression of …

Supreme Court’s same-sex marriage verdict acts as a formidable document upholding the Indianness of homosexuality and gender queerness
1 year, 2 months ago

Supreme Court’s same-sex marriage verdict acts as a formidable document upholding the Indianness of homosexuality and gender queerness

The Hindu  

Though the Supreme Court has refused to legalise same-sex marriage, the Constitution Bench judgment is a formidable step to silence hostile voices who claim that homosexuality and gender queerness are un-Indian. “It is not queerness which is of foreign origin but the many shades of prejudice in India which are remnants of a colonial past,” Chief Justice of India D.Y. …

Justice Obiter Dictum: Why the Marriage Equality Cause Lost the Battle in SC - News18
1 year, 2 months ago

Justice Obiter Dictum: Why the Marriage Equality Cause Lost the Battle in SC - News18

News 18  

The Supreme Court’s five-judge Constitution Bench may have refused to recognise marriage as a fundamental right but no judge disagreed with the cause of gay rights in India. The Centre cautioned the Supreme Court that any piecemeal approach to marriage equality shall only further convolute the complicated space of personal laws and family laws in India. It is important to …

A task for the House to finish?
1 year, 2 months ago

A task for the House to finish?

Hindustan Times  

In its much-debated judgment, the Supreme Court refused to endorse marriage equality. In his minority judgment, Chief Justice of India DY Chandrachud said, “This Court cannot either strike down the constitutional validity of the SMA or read words into the SMA because of its institutional limitations. This Court cannot read words into the provisions of the SMA and provisions of …

Same-sex marriage and the fundamental right to marry | Explained
1 year, 2 months ago

Same-sex marriage and the fundamental right to marry | Explained

The Hindu  

October 20, 2023 05:28 pm | Updated 06:55 pm IST The story so far: A five-judge Bench of the Supreme Court on Tuesday in a 3:2 verdict ruled against legalising same-sex marriage in India leaving it up to the legislature to decide if non-heterosexual unions can be legally recognised. Although the CJI and Justice Kaul batted for civil unions for …

How the US has reacted to Supreme Court's ruling on same-sex marriages in India
1 year, 2 months ago

How the US has reacted to Supreme Court's ruling on same-sex marriages in India

Firstpost  

The US has urged India to strive towards providing equal legal protection to same-sex couples and is ‘closely monitoring follow-up steps’ from the Indian government after the country’s Supreme Court declined to legalise homosexual marriages It is now up to Parliament to make a decision on the question of same-sex marriage. As the LGBTQ community turns its attention toward Parliament, …

Agree with SC's Majority View, Adoption Can't Merely be Decided by Law: Sai Deepak on Same-sex Marriage
1 year, 2 months ago

Agree with SC's Majority View, Adoption Can't Merely be Decided by Law: Sai Deepak on Same-sex Marriage

News 18  

The Supreme Court of India recently delivered its verdict on the batch of petitions seeking legal recognition of same-sex marriage. The five-judge bench, in a split verdict of 3-2, refused to legalise same-sex marriage in four concurrent verdicts, differed on issues like applicability of adoption rules for queer couples and unusually made critical analyses of rival opinions and findings. The …

Decoding the Supreme Court’s judgement against same sex marriage legalisation | In Focus podcast
1 year, 2 months ago

Decoding the Supreme Court’s judgement against same sex marriage legalisation | In Focus podcast

The Hindu  

The Supreme Court, in a judgement this week refused to give legal recognition to same sex marriages. The court had heard a series of petitions asking for same-sex marriage to be allowed under the Special Marriage Act of 1954 which provides a civil form of marriage for couples who cannot marry under their personal, religious laws. The Central government, had …

'Upset My Wedding Plans': Dutee Chand On Supreme Court's Verdict On Same-Sex Marriage
1 year, 2 months ago

'Upset My Wedding Plans': Dutee Chand On Supreme Court's Verdict On Same-Sex Marriage

ABP News  

The Supreme Court of India passed its verdict on same-sex marriage on Tuesday, declining to legalise marriages between queer couples or grant them the right to adopt children. Many queer inviduals had eagerly awaited the apex court's ruling, and Dutee Chand, who came out as India's first openly gay professional athlete in Ma 2019, was among them. We hope Parliament …

Supreme Court’s verdict on same-sex marriages | Explained
1 year, 2 months ago

Supreme Court’s verdict on same-sex marriages | Explained

The Hindu  

The story so far: The legal road to marriage rights — six months, five years and even longer in the making — has reached a divisive pit stop. However, the majority opinion said the government is not “obligated to recognise the bouquet of rights flowing from such a Union.” Justice Bhat added in his opinions that, “If we throw caution …

Right To Civil Union, Adoption, Transgender Persons' Right To Marry: Where Supreme Court Bench Agreed & Disagreed In Marriage Equality Case
1 year, 2 months ago

Right To Civil Union, Adoption, Transgender Persons' Right To Marry: Where Supreme Court Bench Agreed & Disagreed In Marriage Equality Case

Live Law  

"There is a degree of agreement and a degree of disagreement on how far we have to go," remarked CJI DY Chandrachud as he commenced the pronouncement of the judgement denying the grant of legal recognition for queer marriages in India in open court yesterday. On a similar note, Justice Kaul, in his judgement, also stated that the entitlements devolving …

Same-sex marriage verdict: Points of agreement, divergence between the 5 Supreme Court justices
1 year, 2 months ago

Same-sex marriage verdict: Points of agreement, divergence between the 5 Supreme Court justices

Hindustan Times  

The Constitution bench judgment in same-sex marriage case presents an intriguing mix of views the five judges on the bench expressed, employing tools of interpretation and juristic outlook before rendering their final verdict on a spectrum of questions posed before them. “It would thus be misconceived to claim that non-heterosexual unions are only a facet of the modern social milieu,” …

Law and custom: On the Supreme Court’s verdict on same-sex marriage
1 year, 2 months ago

Law and custom: On the Supreme Court’s verdict on same-sex marriage

The Hindu  

​ The Supreme Court of India’s refusal to accord legal recognition to marriages between persons of the same sex is a huge legal setback to the queer community in the country. Given the progress in law in recent years and the deepening of the meaning of individual rights, there was widespread expectation that the five-judge Constitution Bench would give the …

No legal marriage rights for same-sex couples, rules SC
1 year, 2 months ago

No legal marriage rights for same-sex couples, rules SC

Hindustan Times  

The Supreme Court on Tuesday refused to grant legal recognition to same-sex couples and said only Parliament and state legislatures can validate marital unions in a ruling that disappointed millions Lesbian, Gay, Bisexual, Transgender and Queer people in India. The Constitution bench — comprising Chief Justice of India Dhananjaya Y Chandrachud and justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima …

Queer Couple on Same-sex Marriage Verdict: We have lost, yet we remain hopeful
1 year, 2 months ago

Queer Couple on Same-sex Marriage Verdict: We have lost, yet we remain hopeful

The Hindu  

Supriya Chakraborty, along with his partner Abhay Dang, a homosexual couple who met in Hyderabad in 2012, filed a petition seeking legal recognition of their marriage on November 14 last year and appeared at the first admission hearing on November 25 the same year. Eleven months later, responding to the final verdict, which was ruled unanimously against legalising same sex …

Same-sex marriage verdict: What’s next on the road to marriage equality for India?
1 year, 2 months ago

Same-sex marriage verdict: What’s next on the road to marriage equality for India?

Firstpost  

The Supreme Court has asked the Centre to set up a committee to examine the rights and entitlements of persons in queer unions. Although the majority ruling by Justices Bhat, Kohli, and Narasimha denied legal recognition for same-sex marriages, they acknowledged queer persons right to relationship. However, Justices S Ravindra Bhat, Hima Kohli… — Live Law October 17, 2023 CJI …

RSS, affiliate welcome Supreme Court verdict on same sex marriage
1 year, 2 months ago

RSS, affiliate welcome Supreme Court verdict on same sex marriage

The Hindu  

The Rashtriya Swayamsevak Sangh and its affiliate Vishwa Hinsu Parishad welcomed the Supreme Court’s majority view which held that non-heterosexual couples cannot claim an unqualified right to marry. Minutes after the five bench judgement on LGBTQ was announced, the RSS’s publicity in-charge, Sunil Ambekar took to X and said that the decision is welcome. Alok Kumar, the central working president …

Same-sex marriage verdict: What are Supreme Court’s orders for Centre, states, police?
1 year, 2 months ago

Same-sex marriage verdict: What are Supreme Court’s orders for Centre, states, police?

Firstpost  

Highlighting that queerness is not an ‘urban or elitist concept’, CJI DY Chandrachud asked the Centre, states and UTs to ensure the queer community is not discriminated against because of their identity. A five-judge Constitution bench of the apex court on Tuesday rejected the petitions seeking marriage equality in a 3:2 verdict, with the dissenting judges saying that the right …

Same-sex marriage verdict: Can unmarried partners, gay couples now adopt in India?
1 year, 2 months ago

Same-sex marriage verdict: Can unmarried partners, gay couples now adopt in India?

Firstpost  

CJI DY Chandrachud in a ruling on Tuesday struck down the Central Adoption Resource Authority regulations which stop gay and unmarried couples from adopting. However, the five-judge Supreme Court bench in a 3-2 verdict stated that non-heterosexual couples cannot be granted the right to jointly adopt While India’s Supreme Court declined to legalise same-sex marriage and did not grant gay …

In 3:2 Majority Verdict, SC Rules Same-Sex Couples Can't Adopt A Child. Read Who Said What
1 year, 2 months ago

In 3:2 Majority Verdict, SC Rules Same-Sex Couples Can't Adopt A Child. Read Who Said What

ABP News  

Same-Sex Marriage Verdict: The Supreme Court on Tuesday ruled that same-sex couples cannot adopt a child and also refused to legalise their marriage putting the responsibility on the same to parliament. Chief Justice of India DY Chandrachud and Justice Sanjay Kishan Kaul agreed to the adoption rights of the queers people while Justices S Ravindra Bhat, Hima Kohli and PS …

Same-Sex Marriage Verdict: All that the Supreme Court has allowed
1 year, 2 months ago

Same-Sex Marriage Verdict: All that the Supreme Court has allowed

Firstpost  

The five-judge bench came up with four judgments while unanimously agreeing that “there is no unqualified right to marry for same-sex couples.” While Chief Justice of India DY Chandrachudh and Justice SK Kaul ruled that same-sex couples have the right to adopt, the other three judges disagreed The Supreme Court Tuesday ruled that there cannot be legal recognition for same-sex …

India’s Supreme Court refuses to legalize same-sex marriage
1 year, 2 months ago

India’s Supreme Court refuses to legalize same-sex marriage

Hindustan Times  

India’s Supreme Court refuses to legalize same-sex marriage India's top court on Tuesday declined to allow same-sex marriages in the country.. India's top court on Tuesday declined to allow same-sex marriages in the country. 1 / 10 India’s Supreme Court on Tuesday refused to legalize same-sex marriages. 2 / 10 The five-judge Constitution bench comprised of the Chief Justice of …

SC Says Queer Couples Can Live-In, But Doesn't Legalise Marriage. Onus On Parliament Now
1 year, 2 months ago

SC Says Queer Couples Can Live-In, But Doesn't Legalise Marriage. Onus On Parliament Now

ABP News  

Same-Sex Marriage Verdict: The Supreme Court on Tuesday made a range of crucial observations while delivering its judgment on the legal validation of same-sex marriage in the country. CJI DY Chandrachud and Justice Sanjay Kishan Kaul agreed to the right of civil unions for same-sex couples saying it flows from Part 3 of the Constitution, whereas Justices S Ravindra Bhat, …

'Homosexuality not urban elitist concept': What SC judges said on same-sex marriage
1 year, 2 months ago

'Homosexuality not urban elitist concept': What SC judges said on same-sex marriage

Hindustan Times  

Homosexuality isn't an urban elitist concept, Chief Justice of India DY Chandrachud said on Tuesday, while announcing his verdict on petitions demanding legal status to same-sex marriages. Observing that marriage can't remain a static, stagnant or unchanging institution, he said he can't compel Parliament or state assemblies to create “a new institution of marriage”. #Can't put State under any obligation …

Amending Special Marriage Act Will Push India Back To Pre-Independence Era: Supreme Court
1 year, 2 months ago

Amending Special Marriage Act Will Push India Back To Pre-Independence Era: Supreme Court

ABP News  

Chief Justice of India DY Chandrachud, while reading out the order in the crucial hearing on the matter of same-sex marriage on Tuesday, voiced his concerns that striking down the Special Marriage Act would push the country back to the "pre-Independence era." Chief Justice Chandrachud cautioned against the striking down of the Special Marriage Act. He affirmed that decisions regarding …

'No right for queer couples to jointly adopt’: SC in same-sex marriage verdict
1 year, 2 months ago

'No right for queer couples to jointly adopt’: SC in same-sex marriage verdict

Hindustan Times  

Chief Justice of India DY Chandrachud, while announcing his verdict on a clutch of petitions demanding legal status to same-sex marriages, today struck down the Central Adoption Resource Authority's regulation that restricted queer and unmarried couples from adopting children. The CJI said the law didn't preclude unmarried couples from adopting, and that the Union of India hadn't proven restricting unmarried …

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