Gay couples face challenges: unrecognized marriage, restricted adoption rights, and denied permission to marry.

Supreme Court Gives Verdict on Gay Marriage Petitions

Tuesday marked a significant day for gay couples as the Supreme Court announced its decision on the petitions seeking legal recognition for gay marriage. The bench, headed by Chief Justice DY Chandrachud, heard the case for 10 days in May before reserving its decision on May 11. Today, the court revealed its verdict.

Key Points:

• The Supreme Court bench, consisting of Chief Justice DY Chandrachud, Justice Sanjay Kishan Kaul, Justice S Ravindra Bhat, Justice Hima Kohli, and Justice PS Narasimha, read the verdict.
• The court did not directly provide a decision but instead deferred the matter to the government.
• Chief Justice DY Chandrachud stated that while the court cannot create a law or pressure the government, it did express its support for gay marriages through several important comments.

Verdict Summary:

• The court clarified that the right to marriage cannot be considered a fundamental right, but individuals can enter into a relationship and marry. The responsibility to recognize gay marriages lies with the government.
• Chief Justice DY Chandrachud emphasized that anyone has the right to choose their partner, but making a law for this is not within the court’s jurisdiction.
• Justice Kaul called for equal treatment of gay and opposite-sex marriages, highlighting the need to end historical injustice and discrimination.
• The court recommended the formation of a committee, led by the Cabinet Secretary, to address the rights of gay couples, including ration cards, pension, inheritance, and child adoption.
• A hotline should be established to provide solutions for the problems faced by homosexuals.
• Gay couples can register their marriages under the Special Marriage Act, and safe houses should be established for their protection.
• Not recognizing the marriage of gay couples is deemed an indirect violation of their rights.
• Gay couples have the right to adopt a child.
• The court stressed that it is the responsibility of the government to protect gay marriages and ensure their rights, and the Parliament should decide on the appropriate legislation.
• The verdict does not provide social or legal status to gay marriages but guarantees equal rights for gay couples.