• UGI USER
  • Jul 10, 2024
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REVIEW PLEAS ON SAME-SEX MARRIAGE CASE

Why in the News?

  • A five-judge Bench, led by Chief Justice D.Y. Chandrachud, will review petitions challenging the Supreme Court’s October 2023 judgment that denied the legalization of same-sex marriage.
Source: HT

Supreme Court’s Observation( October 2023)

  • A five-judge Constitution Bench ruled 3:2 against granting constitutional validity to same-sex marriages.
  • The Chief Justice stated that the court cannot modify the Special Marriage Act (SMA) 1954 to include same-sex couples; this is a matter for Parliament and state legislatures.
Legality of Same-Sex Marriages in India

  • The right to marry is a statutory, not a fundamental or constitutional right, under Indian law.
  • Judicial decisions by the Supreme Court have recognized marriage as a fundamental right, binding all courts under Article 141.

Earlier Views of Supreme Court on Same-Sex Marriages

  • In Shafin Jahan v. Asokan K.M. (2018), the Supreme Court affirmed the right to marry as integral to Article 21.
  • Article 16 of the Indian Constitution prohibits discrimination on various grounds, supporting marriage equality.

Associated Article:

https://universalinstitutions.com/same-sex-marriage/