Supreme Court Declines To Legalise Same-Sex MarriageTop Stories

October 18, 2023 12:14
Supreme Court Declines To Legalise Same-Sex Marriage

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The apex court on Tuesday declined to legalise same-sex marriage and left it to the Parliament (Narendra Modi government) to decide, agreeing with Modi’s government that the legislature is the right platform to make decisions on such type of contentious issues.

A five-bench judge has come out with a 3:2 verdict against civil unions for non-heterosexual couples.

The plea has challenged the provision of the Special Marriage Act 1954 (SMA), the Hindu Marriage Act 1955, and the Foreign Marriage Act 1969. Petitioners came out with the concern that marriage will bring several rights and privileges that can be only protected by the law.

The top court came out with the judgement after listening to ten days of arguments over that right to qualify for the right to privacy. They took concern over the child's rights, showing concern over the children from same-sex marriage. A body of Islamic scholars, Jamiat-Ulama-i-Hind brought the concern of the national child rights body NCPCR.

All five judges agreed that the right to marry is not a fundamental right. Senior advocate Mukul Rohatgi argued over the rights to marry for non-heterosexual couples implicating Articles 14 (equality), 15 (non-discrimination), 16 (equality of opportunity in public employment), 19 (freedom of speech), and 21 (right to life).

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Supreme court  Same-sex marriage