By Online Desk
The Supreme Court is all set to announce its verdict on a batch of pleas seeking legal recognition of same sex marriages in the country.
A five-judge constitution bench headed by Chief Justice D Y Chandrachud and comprising Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and P S Narasimha, are presently deliberating on their judgements.
CJI Chandrachud said that there are four judgements in the matter.
He said, “Homosexuality or queerness is not urban concept or restricted to upper class of society.” He added, “To imagine queer as existing only in urban spaces would be like erasing them, queerness can be regardless of one’s caste or class.”
CJI Chandrachud also said, “Withdrawal of the State from the domestic space leaves the vulnerable party unprotected. Thus all intimate activities within private space cannot be said to be beyond State’s scrutiny.
The CJI stated, “The right to enter into Union includes the right to choose one’s partner and the right to recognition of that union,” adding that failure to recognise it would be discriminatory.
He went on to add that it would also be discriminatory if the law assumed that only heterosexual couples can be good parents.
The top judge remarked that only the Parliament can decide whethere there was a need for change in the regime of the Special Marriage Act (SMA). “If Special Marriage Act is struck down, it will take the country to pre-Indpendence era. If the Court takes the second approach and reads words into the SMA, it will be taking up the role of legislature,” the CJI stated.
The CJI added that the top court was not equipped to undertake such an exercise of reading meaning into the statute and that they must be careful to not enter into legislative domain.
While hearing the matter on May 11, the bench had observed it cannot give a declaration on same-sex unions on the anticipation as to how Parliament is likely to respond to it. Follow channel on WhatsApp
The Supreme Court is all set to announce its verdict on a batch of pleas seeking legal recognition of same sex marriages in the country.
A five-judge constitution bench headed by Chief Justice D Y Chandrachud and comprising Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and P S Narasimha, are presently deliberating on their judgements.
CJI Chandrachud said that there are four judgements in the matter.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });
He said, “Homosexuality or queerness is not urban concept or restricted to upper class of society.” He added, “To imagine queer as existing only in urban spaces would be like erasing them, queerness can be regardless of one’s caste or class.”
CJI Chandrachud also said, “Withdrawal of the State from the domestic space leaves the vulnerable party unprotected. Thus all intimate activities within private space cannot be said to be beyond State’s scrutiny.
The CJI stated, “The right to enter into Union includes the right to choose one’s partner and the right to recognition of that union,” adding that failure to recognise it would be discriminatory.
He went on to add that it would also be discriminatory if the law assumed that only heterosexual couples can be good parents.
The top judge remarked that only the Parliament can decide whethere there was a need for change in the regime of the Special Marriage Act (SMA). “If Special Marriage Act is struck down, it will take the country to pre-Indpendence era. If the Court takes the second approach and reads words into the SMA, it will be taking up the role of legislature,” the CJI stated.
The CJI added that the top court was not equipped to undertake such an exercise of reading meaning into the statute and that they must be careful to not enter into legislative domain.
While hearing the matter on May 11, the bench had observed it cannot give a declaration on same-sex unions on the anticipation as to how Parliament is likely to respond to it. Follow channel on WhatsApp
