Supreme Court refuses to legalise same-sex marriage

A five-judge bench of the Supreme Court on October 17 refused to legalise same-sex marriage.

Delivering his opinion, Chief Justice of India DY Chandrachud said that homosexuality or queerness is not an urban concept.

"Homosexuality or queerness is not an urban concept or restricted to the upper classes of the society. It is not an English-speaking man with a white collar man who can claim to be queer but equally a woman working in an agricultural job in a village. Queerness can be regardless of one's caste or class or socio-economic status," said the CJI.

"Choosing a life partner is an integral part of choosing one's course of life. Some may regard this as the most important decision of their life. This right goes to the root of the right to life and liberty under Article 21," CJI added.

He added that the right to enter into a union can't be restricted based on sexual orientation.

While Justices Kaul supported the CJI's views, Justices Ravindra Bhat, PS Narasimha and Hima Kohli opposed it.

"There is no unqualified right to marriage. Conferring legal status to civil union can only be through enacted law," said Justice Bhat.

Justice Narasimha said the right to marriage is a statutory right or flowing from a custom.

The court asked the government to form a panel to address concerns of same-sex couples.

Also watch: Same-sex marriage verdict: SC counters Centre's view, says homosexuality not urban concept