The Supreme Court has issued a key judgment on the legalization of same-s…x marriages in the country. The Supreme Court observed that choosing a life partner is an intrinsic matter in the life of every human being. In this context, the Center was directed to set up a committee to determine the rights of homos..xuals.
A five-member bench comprising Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul, Justice S Ravindra Bhatt, Justice Hima Kohli and Justice PS Narasimha has been investigating the case for some time. The matter was heard for 10 consecutive days last May. Around 40 top lawyers presented their arguments. After hearing the arguments of the government and the petitioners, the Supreme Court reserved the verdict. The latest judgment has been issued.
CJI Justice Chandrachud made several key comments while issuing the verdict.
“The doctrine of separation of powers does not prevent the court from issuing orders to protect fundamental rights. The court does not make the law. But it can interpret and enforce the law. The issue of homos…uality is not limited to the urban, upper class of society. ” said CJI Justice Chandrachud.
During the trial, lawyers appearing on behalf of homos…uals referred to fundamental rights. He said that the Constitution of India has given equal rights to all, therefore, while giving legality to same-s…x marriages, it has been appealed to include this issue in the Special Marriages Act.
On the other hand, the Indian government led by Prime Minister Narendra Modi is opposing this issue.