Published On: Sat, Oct 21st, 2023

Former judges laud SC’s verdict on same-sex marriage

New Delhi: The Supreme Court on October 17 delivered the verdict on the same-sex marriage where it stated that the right to marriage is not a fundamental rule and It is with the legislature to decied the fate of legalising same-sex marriages in India.

“Queers right to adoption has also not been recognised by the Apex Court and rightly so

A bench of Chief Justice of India DY Chandrachud and Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and PS Narasimha refused to tweak the provisions of the Special Marriage Act even as the apex court declared that queer couples have a right to cohabit without any threat of violence, coercion of interference.

Following the Supreme Court’s verdict on the recognition of same-sex marriage, 22 former judges wrote a letter of appreciation for the apex court’s decision on the matter. “The judgment is a blend of interpretation of statutory provisions, culture and morality. It is relevant in the context of Indian culture, ethos, and heritage,” stated the letter.

The former judges in the released statement asserted that the Supreme Court has reaffirmed the long-established principle of the separation of powers as enshrined in the Constitution of India. It emphasized that the court’s role is to interpret constitutional and statutory provisions, and it should refrain from intruding into the legislative sphere, which is the exclusive domain of the competent legislature.

Appreciating the refusal to recognise queers’ right to adoption the statement added, “Queers right to adoption has also not been recognised by the Apex Court and rightly so. Even existing statutory provisions also restrict the rights of a single person to adopt e.g. under section 57 of The Juvenile Justice(care and protection of children ) Act 2015, a single male is prohibited from adopting a female child. Similarly, section 11 of The Hindu Adoption and Maintenance Act,1956 prescribes an age difference of 21 years, if a male is to adopt a female child or if a female is to adopt a male child.”

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