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'What CJI said was very good': Petitioner on SC's same-sex marriage ruling
The court, however, directed governments to ensure that the queer community is not discriminated against.
Mixed reactions poured in after the Supreme Court on Tuesday declined to legally recognise same-sex marriages in a 3-2 verdict.
A Constitution bench, led by Chief Justice DY Chandrachud, said that making such a law is the domain of Parliament and that courts can only interpret them. It also held that non-heterosexual couples cannot be granted the right to jointly adopt a child.
The bench, also comprising Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and PS Narasimha, directed the Centre, states and Union Territories to ensure the queer community is not discriminated against.
While pronouncing the judgment, Justice Chandrachud said that being queer is a natural phenomenon and has been known for ages and underlined that it is neither urban nor elitist. Top quotes from SC verdict
Supreme Court Bar Association president Adish Aggarwala said that he welcomes the judgment of the court.
"I welcome the decision of the Supreme Court where they have not allowed same-sex marriage," Aggarwala told ANI.
“Some people tried to spoil the Indian system, but I'm happy that the court has accepted the version of the government of India.”
Activist Anjali Gopalan, who is also one of the petitioners in the case, said that the community will continue to fight for their rights.
“Regarding adoption also nothing was done, what the CJI said was very good regarding adoption but it's disappointing that other justices didn't agree...” she told ANI. “This is democracy but we are denying basic rights to our own citizens.”
Lawyer Karuna Nundy said that there were some opportunities today that she believed were pushed off to legislators and the Central government.
“The central govt has made their stand clear with regards to marriage, we hope that their committee will ensure that civil unions are recognised and concomitants of marriage are then brought into law at least with regards to civil unions,” Nundy told ANI.
Another activist and petitioner in the case, Harish Iyer, said that while the court's ruling was not in the favour of the queer community, certain conversations made by the bench were.
"They have also put the responsibility on Central govt and Central govt's Solicitor General said so many things against us so it is important for us to go to our elected govt, MPs and MLAs and tell them we are as different as two people. War is underway...it might take sometime but we will get societal equality," Iyer told ANI.
