New Delhi: Pronouncing a verdict on 21 pleas seeking legal validation for same-sex marriage, Chief Justice D Y Chandrachud said on Tuesday that it is the responsibility of Parliament to change the Special Marriage Act.
The bench comprising the CJI and Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and P S Narasimha will pronounce four separate verdicts.
Stressing the Parliament to change the Special Marriage Act, The CJI said it was incorrect to state that marriage is a static and unchanging institution.
He added that the court can only interpret the law. Homosexuality or queerness is not an urban concept or restricted to the upper class.
Supreme Court struck down the regulations of CARA regarding the restriction of queer couples from adoption. It stated that it is wrong to assume only heterosexual couples can be good parents.
Besides, the CJI asked the Central and State Governments to ensure the non-discrimination of queer couples.
The CJI is currently delivering the verdict where he issued directions to the Police to protect queer couples.
- No harassment of queer couples by the Police solely to interrogate their gender identity or sexual orientation.
- Queer persons can not be forced to return to their families.
- Protect the freedom of queer persons.
- Protect queer persons against violence.
After a lengthy, 10-day hearing, the bench had deferred its decision on the pleas as of May 11.
