Same-Sex Marriage Verdict:Chief Justice DY Chandrachud refused to recognize gay marriage. He said that this is a matter within the jurisdiction of Parliament. He gave homosexuals the right to adopt children and also ordered the central and state governments to take appropriate steps for homosexuals.
The CJI said that the state has a legitimate interest in regulating marriage as a social institution and the court cannot enter into the legislative arena and direct it to recognize gay marriage through a law.
On the other hand, Justice Sanjay Kishan Kaul also agreed with the CJI’s decision. He said that the court cannot make changes in the Special Marriage Act, this is the job of the government. There is a need to bring appropriate framework for the safety of the gay community.
The government should take positive steps to stop discrimination against the gay community. There is also a need to make a separate law on discrimination against homosexuals.Justice S., who was a part of the Constitution Bench. Ravindra Bhatt, while giving his verdict, said that queerness is neither urban nor elitist.
However, he disagreed with the instructions issued by the Chief Justice. Justice Ravindra Bhatt said in his separate decision that the government should make a law on this issue, so that homosexuals can get social and legal recognition.
