The three-judge Bench, also comprising Justices P.S. Mehta said.Ĭhief Justice Chandrachud said the case involved an “interplay” between constitutional rights of life, liberty, dignity, equal treatment of members of the LGBTQ+ community on one side and specific statutory enactments that consider only a married union between a biological man and woman on the other side. “The question here is whether this relationship, as part of right to dignity, can be given recognition by the state,” Mr. The government denied any stigma attached to same sex relationships.Īlso read: Data | In 133 countries homosexuality decriminalised, but only in 32 of them same-sex marriage is legal Solicitor, the adopted child of a lesbian couple or a gay couple does not necessarily have to be lesbian or gay…” Chief Justice Chandrachud said.Īt one point, the Solicitor General said, “Your Lordships are shouldering a very heavy burden of how society will develop henceforth.” Marriage is a matter of policy, the government doesn’t interfere with personal freedom, says Law Minister Kiren Rijiju
“The Parliament will have to examine… The Parliament will have to see what would be the psychology of a child who has seen either two men or only two women as parents… What would be the psychology of a child who was not reared by a father and a mother… Parliament will have to debate whether we would like this institution to be recognised in view of our social ethos…” Solicitor General Tushar Mehta, for the Union, objected to the court’s intervention. Chandrachud referred petitions seeking legal recognition of same-sex marriages to a Constitution Bench, but took the time on Monday to soothe the government’s anxiety about how such a move would affect Indian “social ethos”.Īlso read: Same-sex marriages can rock societal values: Centre Growing up with lesbian or gay parents will not necessarily make a child lesbian or gay, a puzzled Supreme Court on Maconfronted the government’s concern about the “psychological” impact same-sex marriages may have on children.Ĭhief Justice D.Y.
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