A plea has been moved in the Supreme Court seeking to review its judgement denying marriage equality rights to queer persons, urging for an open court hearing on the petition
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Govt must create enabling legal framework for LGBTQIA+ rights
The five-judge bench of the Supreme court, which unanimously refused to legalise same-sex marriage in four concurrent verdicts, differed on issues like applicability of adoption rules for queer couples and unusually made critical analyses of rival opinions and findings. The Constitution bench headed by Chief Justice D Y Chandrachud on Tuesday refused to accord the legal recognition to same-sex marriage under the Special Marriage Act, saying there was "no unqualified right" to marriage with the exception of those that are recognised by law. The bench comprising the CJI, and Justice Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and P S Narasimha wrote four separate judgments. While the CJI and Justice Kaul were broadly on the same page on all legal issues raised in the petitions, three other judges Justices Bhat, Kohli and Narasimha differed with the views expressed by the two. In his 247-page judgement, the CJI separately penned a response to the opinion voiced by Justice Bhat w
"They said - we do not have the power to do it, we will be trespassing on the jurisdiction of the legislature in the govt. So, we are calling upon them to examine this issue," Mahesh Jethmalani added
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Chief Justice Chandrachud and Justice Kaul agree on granting rights to queer couples
The activist's plea was among the 21 petitions seeking legal validation for same sex marriages that were heard by the Supreme Court
CJI Chandrachud on Tuesday said, 'The right to enter into union includes the right to choose one's partner and the right to recognition of that union'
A five-judge Constitution bench of the Supreme Court on Tuesday refused to grant legal recognition to same-sex marriages. Chief Justice of India D Y Chandrachud, who was heading the bench pronouncing its verdict on 21 pleas seeking legal validation for same-sex marriages, said the court can't make law but only interpret it and it is for Parliament to change the Special Marriage Act. At the outset, Justice Chandrachud said there are four judgments -- by himself, Justices Sanjay Kishan Kaul, S Ravindra Bhat and P S Narasimha -- in the matter. Justice Hima Kohli is also a part of the five-judge bench. Directing the Centre, states and Union Territories (UTs) to ensure the queer community is not discriminated against, the CJI, who is heading the constitution bench, said queer is a natural phenomenon known for ages and is neither urban nor elitist. Justice Kaul said he agrees with the CJI on grant of certain rights to queer couples. "Non-heterosexual and heterosexual unions must be seen
Over 20 petitions advocating for legal equality of same-sex couples in matters of marriage, including adoption, succession, inheritance, divorce, among others have been placed before the Supreme Court
The apex court had commenced hearing arguments in the matter on April 18
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A heartfelt letter to the Chief Justice, appealing for the consideration of marriage equality, emphasises why it is such an emotive issue for so many parents
Same sex marriage is against the natural order of humanity and it will have an adverse impact on Indian society if legalised, a Pune-based women's organisation has claimed in a survey report. In its report, the Drishti Stree Adhyayan Prabodhan Kendra, which follows the Rashtriya Swayamsevak Sangh (RSS) line of thought, said that some people also believe that "legalisation of such marriages will create and promote anarchy and chaos in society". Responses of 57,614 people in 13 languages from across the country were taken for the survey on "the potential impact of same sex marriage on women, children and society if it gets a legal cover", it said. The respondents were from four different age groups and they identified themselves as "male, female and other gender". The report said according to data collected, "it has been observed that the majority of the received responses suggest a rigid approach for accepting 'same sex marriages' in the personal sphere of their life". "It also ...
In the Delhi government vs L-G case, the court said, Delhi government has legislative and executive powers over the administration of services except for public order, police, and land
It stressed that the legislature has the wherewithal to regulate the fallout and the court will not be able to foresee, envisage, comprehend, and thereafter deal with the fallout of that declaration
From hearing pleas over validation in the same-sex marriage case to dismissing DY Chandrachud's application seeking recusal from hearing same-sex marriage plea, here are some of the important cases
Centre told Supreme Court that court's hinting at a possibility of declaration being made something less than marriage but something more than the present status may not be correct course of action
SC said that "we have gone beyond motherhood and into parenthood and there are single parents too", adding that laws permit individual to adopt child irrespective of one's marital status