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Hours after the Supreme Court pronounced its verdict on same-sex marriage, the Rashtriya Swayamsevak Sangh (RSS) on Tuesday hailed the decision, saying Parliament can hold a discussion on its various aspects and take “appropriate” decisions.
Sunil Ambekar, Akhil Bharatiya Prachar Pramukh of the RSS, stated that the apex court’s decision on same-sex marriage is worth welcoming. “Our democratic parliamentary system can seriously discuss all the issues related to this and take appropriate decisions,” he wrote on ‘X’ (formerly known as Twitter).
SC refuses to recognise same-sex marriage
Earlier today (October 17), a five-judge Constitution bench of the Supreme Court refused to grant legal recognition to same-sex marriages. Chief Justice of India DY Chandrachud was heading the bench which pronounced its verdict on 21 pleas seeking legal validation for same-sex marriages. The CJI said the court can’t make law but only interpret it and it is for Parliament to change the Special Marriage Act.
While passing four separate verdicts, the apex court was unanimous in holding that there is “no unqualified right” to marriage, and same-sex couples can’t claim it as a fundamental right under the Constitution.
What did CJI said?
“Whether a change in the regime of the Special Marriage Act is for the Parliament to decide. This court must be careful to not enter into the legislative domain,” he said.
“If the Special Marriage Act is struck down, it will take the country to the pre-Indpendence era. If the court takes the second approach and reads words into the SMA, it will be taking up the role of legislature. The court is not equipped to undertake such an exercise of reading meaning into the statute,” the CJI said.
The LGBTQIA++ persons had moved the apex court seeking validation of same-sex marriage and consequential reliefs such as rights to adoption, enrolment as parents in schools, opening of bank accounts and availing succession and insurance benefits. However, the top court left all these for Parliament to decide.
Earlier on May 11, the bench had reserved its verdict on the pleas after a marathon hearing for 10 days. The apex court had commenced hearing arguments in the matter on April 18.
(With PTI inputs)
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