The five-judge bench of the Supreme Court on Tuesday refused to recognise ‘same-sex marriage’ in a 3-2 verdict, with three of the five-judge bench maintaining that the decision comes under the purview of the legislature.
However, four judges on the bench agreed to direct the Union of India to constitute a committee to examine the rights and entitlements of persons in queer union, without legal recognition of their relationship as a “marriage”.
The apex court said that the right to marriage is not a fundamental right. It added that it cannot strike down the provisions of the Special Marriage Act or read words differently.
The five-judge bench headed by Chief Justice DY Chandrachud announced the ruling on Tuesday after hearing arguments in the case between April and May. He was accompanied by Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and PS Narasimha.
The CJI said there are 4 judgments, and there was a degree of “agreement and disagreement on how far we have to go” on same-sex marriages as he began reading his order. Justice Kohli concurred with Justice Bhat.
