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Guwahati, Oct 17: In a significant legal development, the Supreme Court of India made a decision today concerning the legal recognition of queer marriages and the adoption rights of same-sex couples.
The Constitution bench, comprising Chief Justice DY Chandrachud, Justice SK Kaul, Justice Ravindra Bhat, Justice PS Narasimha, and Justice Hima Kohli, delivered four distinct judgments on the matter.
The pivotal decision of the Supreme Court was a refusal to grant legal recognition to same-sex marriages in India. This decision, voiced by Chief Justice DY Chandrachud, was met with mixed opinions from the bench.
Justice Chandrachud argued that the law cannot assume that only heterosexual couples can be good parents, and he pointed out that the current adoption regulations are discriminatory against queer couples.
Justice Kaul concurred with the Chief Justice's stance on adoption, reinforcing the idea that the sexual orientation of couples should not be a barrier to their ability to provide a loving and stable environment for children.
However, a dissenting opinion came from Justice Bhat, who, while acknowledging that unmarried queer couples could be excellent parents, emphasized the need to address certain concerns. He stated that, considering the State's objective to ensure all children have stable homes, certain aspects should be explored further.
Justices Hima Kohli and PS Narasimha also disagreed with Chief Justice Chandrachud, leading to a narrow 3:2 majority decision against legalizing same-sex marriages in India.
In addition to refusing legal recognition for same-sex marriages, the Supreme Court, in a separate ruling, denied the right of adoption to queer couples by a 3:2 majority. The court expressed the need for the State to explore all possible avenues to ensure the welfare of children in need of stable homes.
However, the Supreme Court's rulings didn't end with the refusal of legal recognition. It also announced that the central government would establish a committee to determine the rights and entitlements of individuals in queer unions. This committee will consider including queer couples as a family unit in ration cards, enable them to nominate for joint bank accounts, and address rights related to pension and gratuity.