Same-sex Marriage Row: Can’t ask Parliament to make a law: Supreme Court

Same-sex Marriage Row: Can’t ask Parliament to make a law: Supreme Court

Yesterday, on the 10th Day of the hearing on the legal recognition of same-sex marriage, the  Supreme Court of India reserved its verdict. The top court reiterated that it cannot ask Parliament to make a law or enter the realm of policy-making.

A five-judge Constitution bench presided by Chief Justice of India D Y Chandrachud was responding to arguments that a mere declaration by the court that same-sex couples have the right to marry would not serve the purpose.

“There’s a constitutional doctrine that we have remained constant so — we cannot direct legislation, we cannot direct framing of a policy, we cannot enter the realm of policy-making,” Justice S R Bhat, who was a part of the bench, said.

Senior Advocate A M Singhvi appearing for some of the petitioners told the bench, also comprising Justices S K Kaul, Hima Kohli and P S Narasimha, that a civil union, as permitted in some countries, is not a solution to what same sex couples are asking for. It is not an equal alternative and does not address the constitutional anomaly presented by exclusion of non-heterosexual couples from the institution of marriage, he contended.

Singhvi said by excluding same-sex couples from civil marriage, the State declares that it is legitimate to differentiate between their commitments and commitments of heterosexual couples.

Arguing adoption rights for same sex couples, senior advocate Menaka Guruswamy said there are over 50 countries in the world that allow it. This is more than the number of countries that allow same sex marriages, she submitted.

Share this News

Website designed, developed and maintained by webexy