The Supreme Court of India has refused to legalize same-sex marriages, ruling that the right to marriage is not an unqualified right under the Constitution. The court stated that it is the responsibility of Parliament to enact laws to recognize and regulate queer marriages. However, the judges were divided on certain rights of same-sex couples, with some ruling in favor of civil unions and adoption rights. The court accepted the government s offer to set up a panel to consider granting more rights and benefits to same-sex couples.
India News: NEW DELHI: The court can't make law but only interpret it and it is for Parliament to change the Special Marriage Act, Chief Justice of India (CJI) D .
Supreme Court judge Justice Sanjay Kishan Kaul has stated that non-heterosexual unions and heterosexual marriages should be seen as equal, both in terms of recognition and benefits. He emphasized the need for a regulatory framework for non-heterosexual unions, as they are entitled to protection under the constitution. Justice Kaul argued that the Special Marriage Act is discriminatory and violates the right to equality. He also highlighted that non-heterosexual unions have historical roots in Indian civilization and should not be seen as solely a modern phenomenon. Justice Kaul called on constitutional institutions to address the historical discrimination and take affirmative steps.