States can enact laws to make same-sex marriage legal: Supreme Court

The Supreme Court refused to legalise same-sex marriages in India on October 17 but stated in its judgement that the states have the power to introduce laws legalising queer marriages even if there was no central law to the same effect.

The Supreme Court said that the state could either make all marriage and family-related laws gender neutral or they could bring in a law similar to the Special Marriage Act in gender neutral terms. The court added that the states could pass an Act for civil unions or domestic partnership.

In a setback to gay rights activists, the Supreme Court on Tuesday refused to accord legal recognition to same-sex marriage, saying there was "no unqualified right" to marriage with the exception of those that are recognised by law.

Holding that transgender people in heterosexual relationships have the freedom and entitlement to marry under the existing statutory provisions, the apex court said an entitlement to legal recognition of the right to union, akin to marriage or civil union, or conferring legal status to the relationship can be only done through "enacted law".

A five-judge constitution bench headed by Chief Justice D Y Chandrachud delivered four separate verdicts on a batch of 21 petitions seeking legal sanction for same-sex marriages.

All the five judges were unanimous in refusing to accord legal recognition to same-sex marriage under the Special Marriage Act and observed it is within Parliament's ambit to change the law for validating such union.

They, however, made an impassioned pitch for granting benefits and privileges that are otherwise available to married couples, to people in same-sex relationships, and steps to ensure they are not discriminated against.

(with PTI inputs)