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Same-sex marriage: The Supreme Court on Tuesday delivered its much-anticipated judgement on pleas seeking legal validation for same-sex marriage. Supreme Court’s five-judge Constitution bench began pronouncing verdict on a batch of petitions seeking the right to marriage for LGBTQIA+ couples in India.
What CJI DY Chandrachud said
CJI DY Chandrachud said queerness can be regardless of one’s caste or class or socio-economic status. This court can’t make a law. It can only interpret it and give effect to it, he added.
Withdrawal of the State from the domestic space leaves the vulnerable party unprotected, he added saying thus all intimate activities within private space cannot be said to be beyond the State’s scrutiny.
“The doctrine of separation of powers means that each of the three organs of the State perform distinct functions. No branch can function any others’ function. The Union of India suggested that this court would violate the doctrine of separation of powers if it determines the list. However, the doctrine of separation of powers does not bar the power of judicial review. The Constitution demands that this court protect the fundamental rights of citizens. The doctrine of separation of powers does not come in the way of this court issuing directions for the protection of fundamental rights,” CJI Chandrachud adds.
Earlier on May 11, a five-judge constitution bench headed by Chief Justice DY Chandrachud reserved its verdict on the pleas after a marathon hearing of 10 days.
The other members of the bench include Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and PS Narasimha. The judgement will be delivered on Tuesday and accordingly, the information will be updated on the apex court website, news agency PTI reported citing sources.
What Centre told SC on the matter?
During the arguments, the Centre had told the apex court that any constitutional declaration made by it on pleas seeking legal validation for same-sex marriage may not be a “correct course of action” as the court will not be able to foresee, envisage, comprehend and deal with its fallout. The Centre had also told the court it had received responses from seven states on the issue of same-sex marriage and the governments of Rajasthan, Andhra Pradesh and Assam had opposed the petitioners’ contention seeking legal endorsement for such wedlock.
Several states oppose legal recognition of same-sex marriages
Centre issued a letter to States, asking them to give their opinion on the issues relating to Same-sex marriage. Several states including Assam, Andhra Pradesh and Rajasthan have opposed the legal recognition of same-sex marriages in the country whereas Maharashtra, Uttar Pradesh, Manipur and Sikkim sought more time to give their opinion on the same-sex marriage issue.
(With inputs from PTI)
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