In a set back to the LGBTQIA+ community, the Supreme Court on Tuesday refused to accord legal recognition to same-sex marriage and civil unions. It stated that the right to marry is not a fundamental right and it cannot read the words of the provisions of the Special Marriage Act differently as it would amount to judicial legislation. The court left it to Parliament to take a call on the issue.
Though there were four judgments by Chief Justice D Y Chandrachud, Justice Sanjay Kishan Kaul, Justice Ravindra Bhat and Justice Pamidighantam Sri Narasimha, the common thread was that the provision of the Special Marriage Act cannot be interfered with or words therein be read differently to include nonheterosexual couples within its fold.
The Constitution Bench, also comprising Justice Hima Kohli, however, said that non-heterosexual couples have a right to cohabit without any threat or coercion under Article 21 of the Constitution.
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