Supreme Court’s Divided Verdict on Same-Sex Marriage Legalization

The Supreme Court delivered a split decision on the issue of legalizing same-sex marriage, with a constitution bench led by Chief Justice D Y Chandrachud considering the pleas. Of the five judges, only Chief Justice Chandrachud and Justice Sanjay Kaul supported the plea, while Justices Ravindra Bhatt, Narasimha, and Hima Kohli opposed it.

Chief Justice Chandrachud noted that there were both agreements and disagreements among the judges on this matter. He emphasized that same-sex marriage is not solely a demand of the urban elite, as it is also supported by individuals working in various fields. He stressed that marriage is not an unchanging institution and has seen legal reforms over time. He declared Section 4 of the Spousal Marriage Act as unconstitutional, expressing support for same-sex marriage, while indicating that the decision to amend the Special Marriage Act rested with Parliament.

The petitioners had requested changing ‘man and woman’ to ‘individual’ and ‘husband and wife’ to ‘couple’ in the Special Marriage Act to facilitate the registration of same-sex marriages. After ten days of extensive hearings, twenty-one pleas were adjourned for judgment on May 11, with arguments presented by various stakeholders, including the central government. The court stated that it could not anticipate how Parliament would react to the issue.

While the central government and states like Rajasthan, Assam, and Andhra Pradesh opposed legalizing same-sex marriage, other states, including Kerala, did not publicly state their positions. The central government argued that this was a complex issue with significant societal implications and personal law ramifications, warranting debate at both community and government levels. They emphasized that the matter fell under the purview of Parliament. The verdict was live-streamed on the Supreme Court’s official website and YouTube channel.