The Supreme Court of India is set to review petitions challenging its October 17 decision on the legal recognition of same-sex couples. Previously, the court emphasised the legislative realm's authority over validating unions. Senior counsel Mukul Rohatgi urges Chief Justice Dhananjaya Y Chandrachud to prioritise the review on November 28, urging a panel of five judges.
The earlier decision, refusing to recognize same-sex marriages, underscores the pressing need for a comprehensive legislative approach. The Supreme Court's nuanced stance indicates a pivotal moment, affirming that legislative bodies hold the key to addressing this matter.
The verdict, delivered by the Supreme Court, takes a nuanced stance. On one hand, it refuses to recognise same-sex marriage, asserting that this is a matter for the legislature to address. On the other hand, it records the statement of the Union, which commits to forming a committee to examine the rights and benefits that can be extended to queer couples.
This verdict leaves the door open for future legislative action, offering hope for the LGBTQIA+ community that progress towards equality is indeed on the horizon.
Union's Commitment to a Committee
One of the most empowering aspects of this verdict is the Union's commitment to forming a committee. This committee's mission will be to examine the rights and benefits that can be extended to queer couples. This move is significant as it reflects a willingness on the part of the government to engage with and address the concerns of the LGBTQ+ community.
The Challenge of Existing Laws
The verdict does not strike down the Special Marriage Act and the Foreign Marriage Act for not recognizing queer marriages. While this may be disappointing to those advocating for immediate legal recognition, it highlights the complex legal framework within which the courts must operate. The refusal to strike down these acts should be seen as a call to action for lawmakers to revisit and reform these laws in the near future.
This verdict, although not the final outcome, marks a pivotal moment in the journey for LGBTQ+ rights. It highlights the importance of legislative reform, government engagement, and ongoing dedication to fostering a more inclusive and just society. The struggle for LGBTQ+ rights in India continues, and this ruling is a significant chapter in that ongoing narrative.
Views expressed by the author are their own.
Suggestive reading: Same-Sex Marriages To Get Legal Recognition? SC's Decision Out Today
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