Supreme Court affirms transgender marriage and queer adoption rights

In a significant decision, the Supreme Court of India, led by Chief Justice D Y Chandrachud, has upheld the right of transgender individuals to marry under existing marriage laws. The court also affirmed that unmarried couples, including queer couples, have the legal capacity to jointly adopt children. Chief Justice Chandrachud emphasized that the right to form unions should not be hindered by sexual orientation. This ruling follows a marathon 10-day hearing and marks a milestone in recognizing LGBTQIA++ rights in the country.

The five-judge constitution bench, including Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and P S Narasimha, had reserved its verdict on May 11. The judgment was delivered today, further information is to be updated . During the proceedings, the Central government expressed reservations about making a constitutional declaration on same-sex marriage, citing potential unforeseen consequences. Some states, including Rajasthan, Andhra Pradesh, and Assam, had opposed legal endorsement for such marriages.

The Supreme Court, while addressing the issue of same-sex unions, clarified that it would not delve into personal laws governing marriages. It highlighted that the concept of marriage, as referred to in the Special Marriage Act, should not be based solely on gender. Several petitioners had urged the court to use its influence to promote societal recognition of same-sex unions, aiming to ensure LGBTQIA++ individuals lead dignified lives comparable to heterosexuals.