Right of Same-Sex Couples to Marry Anushka Legal Article Wed, Nov 01, 2023, at ,11:35 PM INTRODUCTIONOn October 17, 2023, a five-judge Supreme Court bench led by Chief Justice of India DY Chandrachud unanimously decided against same-sex marriage legalization in India. Additionally, the bench decided 3:2 against allowing non-heterosexual couples to enter into civil unions. Judges Sanjay Kishan Kaul, Ravindra Bhat, Hima Kohli, and PS Narasimha were among them. There is no fundamental right to marry, according to all five judges, and same-sex marriage has been rejected by the court in a majority decision. The majority believes that the decision to legalize same-sex marriage must be made by the legislature.WHAT WAS THE RULE OF THE HON’BLE COURT?While the court refrained from permitting same-sex marriage, it did acknowledge the rights of homosexual couples. This ruling ensures that individuals in India are now free to engage in same-sex relationships, with the assurance of constitutional protection. Nevertheless, marrying a person of the same sex remains prohibited. Chief Justice DY Chandrachud, who led the five-judge bench that issued the judgment, emphasized that the right to select a partner constitutes a pivotal life choice. He stated, "This right is fundamental to the core principles of the right to life and liberty under Article 21 of India's constitution." Justice Ravindra Bhat similarly highlighted, "There is no doubt that the right to have a life partner includes the right to choose a partner and engage in physical intimacy with them, ensuring rights like privacy, autonomy, and more, which should be safeguarded by the state when under threat from society."REASON BEHIND DENYING THE RIGHTSThe ruling left millions of LGBTQ individuals in India disheartened, as it did not fulfill their hopes for the court to challenge the government and grant full marriage rights to same-sex couples. Chief Justice Chandrachud asserted that the court's authority did not extend to enacting laws for equal marriage rights; this responsibility rested with the parliament. He stated, "The court, when using its power of judicial review, should refrain from interfering in matters, especially those related to policy, that fall within the legislative domain." Many suspect that government influence weighed on the court's decision. "The matter of marriage is a concern of society, and society's viewpoint on this issue should not be disregarded. The parliament is the best arena for reflecting the voice of society."KEY POINTS FROM THE SUPREME COURT'S RULING The law as it stands today does not recognize the right to marry or the right of same-sex couples to enter into civil unions and that it is up to the Parliament to make laws enabling the same. A high-powered committee will be established by the Centre to address the concerns of same-sex couples. The joint adoption right will not be extended to queer couples. CONCLUSIONThough the Constitution Bench unanimously has refused to legalize same-sex marriage. It has, however, issued specific necessary directives and recognized non-heterosexual unions to some extent. The court recognized that discrimination against the queer community is unacceptable, and denial of material benefits and services to queer couples that are given to heterosexual couples would violate their fundamental rights. The Chief Justice of India also stated that same-sex couples should have access to the same bundle of rights as married couples. The SC also acknowledged that being queer is a natural phenomenon & is not an urban concept or restricted to elite classes of society.