New Delhi: The Supreme Court Constitution Bench declared that same-sex marriage is not legal. The petitions were dismissed by majority judgment. The majority judgment held that the special marriage law was not illegal and the law should not be repealed. A constitution bench headed by Chief Justice DY Chandrachud and comprising Justices Sanjay Kishan Kaul, S Ravindra Bhatt, Hima Kohli and PS Narasimha delivered the judgment on the petition. Chief Justice and Justice Sanjay Kishan Kaul were in favor of legalizing same-sex marriage, but with three others dissenting, the petitions were dismissed by a majority verdict.
Apart from Justice Hima Kohli, the other three had delivered a separate judgment. The bench disposed of around 20 petitions filed by same-sex couples, transgender persons, etc. challenging the provisions of the Special Marriage Act of 1954, the Hindu Marriage Act of 1955, and the Foreign Marriage Act of 1969.
Supreme Court Chief Justice DY Chandrachud clarified that same-sex sexuality is not a foolish or urban elite concept. But the Chief Justice has also clarified that the Parliament can decide on the special marriage law. While ruling on a petition seeking to legalize same-sex marriage, the court struck down Section 4 of the Special Marriage Act, which recognized only marriage between a man and a woman. Justice S. Ravindra Bhat disagreed with the Chief Justice’s verdict.
Justice SK Kaul in favor of the Chief Justice. Justice Kaul said same-sex marriage is only for sex and not for emotional fulfillment.
