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Supreme Court denies to legalization to same-sex marriage

  • The Supreme Court of India has ruled that it lacks the authority to legalize same-sex marriages
  • Chief Justice DY Chandrachud emphasized the dynamic nature of the institution of marriage 
  • The court emphasized that making such law falls within the domain of Parliament

17 Oct 2023

Supreme Court denies to legalization to same-sex marriage

The Supreme Court of India has stated that it does not have the authority to legalize same-sex marriages, emphasizing that making such a law falls within the domain of Parliament. A five-judge bench, headed by Chief Justice of India DY Chandrachud, delivered its verdict on Tuesday after hearing arguments between April and May.

Chandrachud noted that there was a range of opinions regarding the extent to which same-sex marriages should be recognized, but he stressed that Parliament must amend the Special Marriage Act if any changes are to be made, as the court's role is to interpret existing law rather than create new legislation.

The five-judge constitution bench, including Chief Justice Chandrachud and Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and P S Narasimha, will issue four separate judgments on this matter. In his conclusion, Chandrachud emphasized that the concept of marriage is not static and unchanging, highlighting the evolving nature of societal institutions. He underlined the need for the legislature to address the issue of same-sex marriages.

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