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‘End discrimination against queer couple,’ SC says. Lists out directions
The top court is pronouncing its much-anticipated verdict on pleas seeking legal validation for same-sex marriage today.
The Supreme Court of India on Tuesday directed the government at the Centre, states, and Union Territories to end the discrimination against the queer community.
A five-judge Constitution bench headed by Chief Justice DY Chandrachud said that the governments have to ensure that the queer community does not face any discrimination while accessing goods and services. Follow same-sex marriage verdict LIVE updates here.
“Sensitise the public about queer rights,” the chief justice said. “Create a hotline for the queer community. Create safe houses for queer couples.”
The bench, also comprising Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and PS Narasimha, also ordered that inter-sex children are not forced to undergo operations.
“No person shall be forced to undergo any hormonal therapy,” the chief justice said while dictating the order.
The Supreme also directed the police to not harass the queer community by summoning them to police stations solely to enquire about their sexual identity.
“The police should not force queer persons to return to their natal family,” the bench said. “The police should conduct a preliminary enquiry before registering an FIR against a queer couple over their relationship.”
The Supreme Court is pronouncing its much-anticipated verdict on pleas seeking legal validation for same-sex marriage today.
Earlier today, the court struck down the Central Adoption Resource Authority's (CARA) regulation that restricted queer and unmarried couples from adopting children. Chief Justice Chandrachud said it cannot be assumed that only "heterosexual couples can be good parents".
On May 11, the five-judge bench had reserved its verdict on the pleas after a marathon hearing of 10 days. The petitioners through senior advocates including Mukul Rohatgi, Abhishek Manu Singhvi, Raju Ramachandran, Anand Grover, Geeta Luthra, KV Viswanathan, Saurabh Kirpal, and Menaka Guruswamy stressed on the equality rights of the LGBTQIA+ community and pushed to acknowledge such a union which would ensure LGBTQIA lead a "dignified" life like heterosexuals.
The BJP-led Central government, on the other hand, had opposed the pleas arguing that the legislative policy of India has consciously validated a union only between a biological man and a biological woman.
On May 3, the Centre told the top court it would constitute a committee headed by the cabinet secretary to examine administrative steps that could be taken to address "genuine concerns" of same-sex couples without going into the issue of legalising their marriage.
