Retired Justice S Muralidhar recently opined that there were gaps in the way arguments were presented by the petitioners in the marriage equality case before the Supreme Court of India.
Even though all the four judgements refused to acknowledge the right to marriage as fundamental, the judgements reiterated the rights of LGBTQIA+ individuals and passed the buck to the Parliament to enact a law.
The Supreme Court said that it cannot grant a gender-neutral reading of SMA or strike down provisions in it because it amounted to treading into the legislative domain, which was for the elected government to act on.