Same-Sex Marriage Verdict Live
Today, the Supreme Court is poised to deliver a momentous judgment on the legal validity of same-sex marriages, a matter of great significance to the LGBTQ+ community and proponents of equality. This eagerly awaited verdict follows a marathon hearing that spanned over ten days, concluding on May 11, 2023.
The constitution bench, presided over by Chief Justice D Y Chandrachud and including Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and P S Narasimha, had reserved its judgment after careful consideration of the pleas.
During the extensive hearings, senior advocates such as Mukul Rohatgi, Abhishek Manu Singhvi, Raju Ramachandran, Anand Grover, Geeta Luthra, KV Viswanathan, Saurabh Kirpal, and Menaka Guruswamy passionately emphasized the importance of recognizing the equality rights of the LGBTQIA+ community. They advocated for a union that would allow LGBTQIA individuals to lead a “dignified” life akin to their heterosexual counterparts.
In contrast, the government has expressed its opposition to the pleas, arguing that India's legislative policy has intentionally validated unions solely between biological men and women. On May 3, the government informed the court of its intention to establish a committee led by the cabinet secretary. This committee would examine administrative solutions to address the “genuine concerns” of same-sex couples without delving into the matter of legalizing their marriages.
This landmark decision holds profound implications for the LGBTQ+ community in India and the broader conversation on equality and human rights. We will be providing live updates as the verdict unfolds.
October 17, 2023, 10:15 AM IST – Awaited SC Verdict on Same-Sex Marriages
In a short while from now, a five-judge bench at the apex court, led by Chief Justice DY Chandrachud, will announce its decision regarding the constitutional validity of same-sex marriages.
October 17, 2023, 09:43 AM IST – Government's Stance on the Issue
During the hearings, the Narendra Modi government voiced its opposition to same-sex unions, emphasizing that “the legislative policy of India has consciously validated a union only between a biological man and a biological woman.” In May, the government proposed the establishment of a committee, headed by the cabinet secretary, to explore administrative steps addressing the legitimate concerns of same-sex couples.
October 17, 2023, 09:16 AM IST – Potential Verdict Scenarios
According to News18, the bench faces several options, including declaring the right to marriage as a fundamental right, allowing same-sex unions under the Special Marriage Act while bypassing personal laws, or forming a special committee and leaving the issue to Parliament.
September 6, 2018, marked a significant turning point when a five-judge bench unanimously struck down Section 377 of the Indian Penal Code (IPC), decriminalizing same-sex marriages between consenting adults. Coincidentally, Justice DY Chandrachud, the current Chief Justice of India, was part of that bench. Today, a five-judge bench, headed by Chief Justice Chandrachud, will render a verdict on this crucial matter.
The Constitution bench, headed by Chief Justice Dhananjaya Y Chandrachud, also includes Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and PS Narasimha.
The petitioners, represented by esteemed senior advocates, are unwavering in their pursuit of equality and recognition for the LGBTQIA+ community. They contend that legal recognition under the Special Marriage Act is essential to grant dignity and welfare benefits to same-sex marriages.
If the Supreme Court rules in favor of the plaintiffs, India will join a select group of nations, becoming the most populous country to extend marriage rights to the LGBTQ community. Currently, only Taiwan and Nepal, among more than 30 jurisdictions worldwide, permit same-sex marriages.
The depiction of same-sex marriages in Indian media has seen a significant shift, with many reported marriages involving lesbians or partners who identify as trans-masculine or genderqueer.
Ahead of the Supreme Court's verdict on the legality of same-sex marriages, a same-sex couple from Kolkata expressed their hope for a favorable outcome. They anticipate that a positive judgment would facilitate open discussions about same-sex marriages without hesitation.
Today, the long-awaited landmark judgment on legal validation for same-sex marriage is set to be delivered by the Supreme Court. This follows an extensive 10-day hearing that concluded on May 11, 2023, and holds great significance for the LGBTQ+ community and advocates of equality.
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