CJI DY Chandrachud said, “the court can’t make a law but only interpret it as it is for the Parliament to change the Special Marriage Act,” leaving the onus on the Centre.
Updated On – 03:33 PM, Tue – 17 October 23
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Hyderabad: The Supreme Court’s verdict on same-sex marriage which came out on Tuesday, has disappointed the queer community here, in Hyderabad.
Even as Chief Justice of India DY Chandrachud pronounced the verdict saying it was “incorrect to state that marriage is a static and unchanging institution,” the five-judge Constitution bench of the Supreme Court refused to grant legal recognition to same-sex marriages.
CJI DY Chandrachud said, “the court can’t make a law but only interpret it as it is for the Parliament to change the Special Marriage Act,” leaving the onus on the Centre.
Reacting to the verdict given by the SC, transgender activist from Hyderabad Shane Mills, said the SC has given a “sugar-coated no” to the queer community. “It is very disappointing, but there are parts of the verdict that can be welcomed, like rights of transgender persons in heterosexual relations to marry under the existing laws including personal laws”
“The big verdict boils down to a big no and it is sad news to the community as we expected a lot from the SC. We will not give up,” said Shane and added that telling the government to “ensure the queer community is not discriminated against,” would be of no use if the community was not given a sense of security by granting permission to same-sex marriages.
An LGBTQI+ activist from Hyderabad, Sandipan said that it was disheartening to see verdict knowing that the Center’s strong stand against same-sex marriages.
“The Centre is already against same-sex marriages and I am afraid the result of Centre might decide against the wishes of the community.”
“SC asking the government to ensure there is no discrimination against the community, is a welcome move and we hope this direction will ensure some protection to the community against violence,” Sandipan said.
Meanwhile, the LGBTQI+ community in the country continues to have a tough going despite having a large and vocal presence in many cities across the country as the attitudes of people towards same-sex relations have always been complicated.
