Five-judge SC bench refuses to grant legal recognition to same-sex marriage

New Delhi: A five-judge Constitution bench of the Supreme Court on Tuesday refused to grant legal recognition to same-sex marriages. Chief Justice of India D Y Chandrachud, who was heading the bench pronouncing its verdict on 21 pleas seeking legal validation for same-sex marriages, said the court can’t make law but only interpret it and it is for Parliament to change the Special Marriage Act. At the outset, Justice Chandrachud said there are four judgments — by himself, Justices Sanjay Kishan Kaul, S Ravindra Bhat and P S Narasimha — in the matter. Justice Hima Kohli is also a part of the five-judge bench.

Directing the Centre, states and Union Territories (UTs) to ensure the queer community is not discriminated against, the CJI, who is heading the constitution bench, said queer is a natural phenomenon known for ages and is neither urban nor elitist.

Justice Kaul said he agrees with the CJI on grant of certain rights to queer couples.

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