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In a historic ruling, the Supreme Court of India handed down its judgment on the marriage equality case today, bringing a nuanced decision that reflects a blend of consensus and divergence among the justices.
Chief Justice of India D.Y. Chandrachud, in his judgment, highlighted that the matter of marriage equality should be decided by parliament and falls outside the court's jurisdiction to create new laws. However, he emphasized that the state must acknowledge and provide legal rights and safeguards to queer unions, irrespective of marital status, a stance shared by Justice Sanjay Kishan Kaul.
The five-judge bench, which included Justices Ravindra Bhat, Hima Kohli, and P.S. Narasimha, delivered a total of four judgments, revealing a mix of agreement and disagreement.
Justice Chandrachud stressed that queerness transcends urban and elite demographics, challenging the notion that this issue is solely relevant to the urban elite. He underlined the importance of protecting fundamental rights, even when it necessitates the court's intervention in separation of powers.
The CJI questioned the court's role in altering the Special Marriage Act, as the prerogative for such changes rests with the parliament. Nonetheless, he argued that the state's failure to recognize the rights stemming from queer relationships amounts to discrimination.
Justice S.K. Kaul supported the CJI's views and called for legal recognition of non-heterosexual unions as a step toward marriage equality. He also advocated for an anti-discrimination law.
In contrast, Justices Ravindra Bhat and Hima Kohli, in a joint judgment, disagreed with the directive to create a legal status for queer couples, emphasizing that this is a task for the legislature. They highlighted that marriage is a social institution independent of the state, and it is not constitutionally permissible for the court to recognize civil unions.
Justice P.S. Narasimha concurred with Justice Bhat's conclusions, suggesting that the legislative framework should be reviewed by the parliament.
While the Supreme Court refrained from imposing marriage equality through this ruling, the judgment underscores the pressing need to recognize the rights and entitlements of individuals in queer unions. A committee will be formed to explore various aspects of this recognition, including ration cards, banking rights, and more. The verdict marks an important milestone in the journey towards equality and recognition for queer individuals in India.
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