The Supreme Court of India on Tuesday refused to grant legal recognition to same-sex marriages in the country and denied to make any changes in the Special Marriage Act (SMA).
The order was passed unanimously by the five-judge Constitution Bench headed by Chief Justice of India (CJI) D.Y. Chandrachud and comprising Justices Sanjay Kishan Kaul, Ravindra Bhat, Hima Koli and P.S. Narasimha.
The bench in unison declared that “there was no fundamental right for non-heterosexual couples to marry”, however, they differed on issues like adoption rights or recognition of civil union.
In addition, the bench was also divided on the adoption of children by same-sex couples. While the Chief Justice and Justice Kaul were in agreement, Justices Bhat, Koli, and Narasimha expressed disagreement.
The bench has also issued directions to the state and union governments as well as union territories to ensure that the rights of queer couples are not hindered and to create awareness that it is not a mental disorder.
The Union government has been urged to establish a dedicated committee to effectively resolve the practical challenges faced by same-sex couples, such as obtaining essential documents like ration cards, as well as addressing concerns related to pension, gratuity, and inheritance matters.
The top court has also asked the government to establish safe houses or "garima griha" (houses of dignity) for queer persons.
Apart from this, the apex court has also asked the police to ensure that no queer person is harassed to ascertain their gender identity and they shall not be forced to go back to their natal families.
Religious Gurus Welcome Top Court Verdict
All religious leaders in the country have welcomed the Supreme Court's decision, saying that same-sex marriage is condemned by all religions.
Speaking to Sputnik India, Vishva Hindu Parishad's spokesperson Vinod Bansal said it was a welcome decision not to give legal recognition to same-sex marriage.
“There are some anti-social people who are hell-bent on making India accept the distortions of western culture. We don’t have want that anybody’s fundamental rights should be hampered but in the garb of this they were trying to deform the age-old pious arrangement of marriage in all the religions,” Bansal stated.
He applauded the Supreme Court for denying adoption rights to same-sex couples, stating that in doing so, the court has safeguarded the future of countless children.
Echoing Bansal's views, Swami Jitendranand Saraswati, general secretary of the Akhil Bhartiya Sant Samiti (one of the parties challenging the petitions seeking legalisation of same-sex marriage), told Sputnik India that "it's not a question of being homosexual, but we are against legalisation because same-sex marriage is completely illegal and if someone wants to legalise an illegal activity, then where is our culture going to exist.
Dr Imam Umer Ahmed Ilyasi, Chief Imam of the All India Imam Organisation, also welcomed the Supreme Court's decision, saying that such relationships were unnatu, and not permissible in any religion.
"The natural relationship is between a man and a woman, but when a man is with a man or a woman is with a woman, it is criminal and people should avoid engaging in such activities," he added.
Echoing the sentiments expressed by fellow religious leaders, the parish priest of The Church of Transfiguration, located in the vibrant East of Kailash area in New Delhi, firmly asserts that the notion of same-sex marriage is gravely misplaced. According to him, genuine marriage is exclusively intended for the sacred union between a man and a woman.
The top court's order came after a marathon 10-day hearing that began on 18 April this year. Around 20 petitions were presented before the bench, filed by a number of same-sex couples, LGBTQ activists, and transgender individuals. These petitions challenged the provisions of the Special Marriage Act, 1954, the Hindu Marriage Act, 1955, and the Foreign Marriage Act, 1969. Their main objective was to seek recognition for marriages that are not limited to heterosexual relationships.