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. ...read more

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Published on Oct 17, 2023 01:35 PM IST

India’s Supreme Court on Tuesday refused to legalize same-sex marriages. The five judge Constitution bench delivered the verdict it had reserved on May 11 this year. (REUTERS)

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The five-judge Constitution bench comprised of the Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and PS Narasimha. (PTI)

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Chief Justice DY Chandrachud also urged the government to uphold the rights of the queer community and end discrimination against them.(PTI)

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"This court has recognised that equality demands that queer unions and queer persons are not discriminated against," he said. (AFP)

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“This court can’t make law. It can only interpret it and give effect to it,” the chief justice said, reiterating that it was up to Parliament to decide whether it could expand marriage laws to include queer unions. (AP)

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The court, however, said the judgement will not preclude the right of Queer persons to enter into relationships. (PTI)

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The apex court also said that the challenge to Special Marriage Act (SMA) on the ground of under-classification is not made out. (AFP)

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On adoption of children by queer couples, the CJI in his judgement said, unmarried couples, including queer couples, can jointly adopt a child. (AFP)

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The Supreme Court Constitution bench delivered its judgement on various petitions pertaining to marriage equality rights for the LGBTQIA community. (AP)

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The Constitution bench began the hearing on the matter on April 18 and the hearing went on for nearly 10 days. (AP)