The Supreme Court said on Tuesday that transgender persons in heterosexual relationships have a right to marry as per the existing statutory laws or personal laws.

The Constitution bench pronounced four judgements, written by CJI DY Chandrachud, Justice SK Kaul, Justice Ravindra Bhat, and Justice PS Narasimha, respectively. Justice Hima Kohli concurred with the view of Justice Bhat.

The bench has unanimously held that transgender persons in heterosexual relationships have the right to marry under existing laws or personal laws. The CJI, in his judgement, said that the gender of a person was not the same as their sexuality. Therefore, since a transgender person could be in a heterosexual relationship, a union between a transman and a transwoman or vice versa could be registered under the Special Marriage Act and other existing laws. Justice Kaul concurred with the CJI.

Justice SR Bhat, in his judgement, disagreed with the view of the CJI on various issues. However, he, along with Justice Hima Kohli, recognised the right of a transgender person in a heterosexual relationship to marry. “We agree with the CJI on the right of transgender persons in heterosexual relationships to marry as per existing laws,” Justice Bhat said.

The Constitution bench unanimously held that there was no fundamental, unqualified right to marry. CJI DY Chandrachud, in his judgement, while recognising the right of queer couples to enter into unions of their own choice, stated that the right to marry was not a fundamental right.

Further, the bench unanimously held that the Supreme Court cannot strike down or read down the provisions of the Special Marriage Act and Foreign Marriage Act to recognise queer marriages. The bench stated that the same lies within the domain of the parliament and the legislature and the court cannot step into the same.