Historic Verdict by Supreme Court: India declined to Grant Recognition to Same-Sex Marriage

New Delhi, India - In a significant ruling, the Supreme Court of India has passed the baton to the Parliament to decide on the issue of same-sex marriage. Chief Justice of India (CJI) and Justice Kaul expressed support for civil unions for non-heterosexual couples, emphasizing it as a step toward marriage equality. However, they maintained that the Special Marriage Act (SMA) provisions cannot be struck down or reinterpreted by the Supreme Court.

The focus of the petitions under consideration was the gender-neutral interpretation of the SMA, a legislation aimed at facilitating inter-caste and inter-faith marriages. Petitioners urged for a broader interpretation of the SMA, advocating for its inclusion of same-sex marriages.

Justice Kaul acknowledged the legal recognition of civil unions as a progressive move, yet underscored that there is no fundamental right to marry. The court, in a majority verdict, ruled against same-sex marriage, emphasizing that the decision lies within the legislative domain.

The courtroom debates, spanning over 10 days in April and May, delved into various aspects, including the right to equality, privacy, legal privileges associated with marriage, and the potential impact of same-sex marriages on children. The opposing camp included the Central government, the National Commission for Protection of Child Rights (NCPCR), and the Jamiat-Ulama-i-Hind, a body of Islamic scholars.