October 17, 2023
By Ananya Jain
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The decision of the Supreme Court regarding same-sex marriage has been made public.
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A five-judge bench headed by?Chief Justice of India?DY Chandrachud ruled against legalising same-sex marriage today in a 3:2 split verdict. The bench also comprised Justice Sanjay Kishan Kaul, Ravindra Bhat, Hima Kohli and PS Narasimha.?
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CJI said in his statement, 'The court can't make law; it can only interpret it'.?
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CJI said in his statement, 'Homosexuality is not an urban concept and is not restricted to upper-class society'.?
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According to CJI, LGBTQIA+ community members have the freedom to choose a partner and the right to intimate association even without the ability to marry, which the legislature can grant.?
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It is wrong to claim that marriage is a fixed and unchanging institution, according to the CJI. If the Marriage Act is invalidated, the nation will revert to its pre-Independence state.
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If two transgender people want to get married and identify as transmen and transwomen, the CJI says their marriage can be registered under the Special Marriage Act.
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In his statement, the CJI said unmarried couples and queer couples can jointly adopt a child.?The CARA circular had previously denied the right to it.?
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In his statement, he says, 'The state must ensure that queer couples face no discrimination in accessing basic needs and social tolerance'.?
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He said that a court couldn't grant a queer couple the right to marriage as it is a legislative exercise.
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