The Supreme Court is on the verge of delivering its verdict on a set of petitions advocating for the legal recognition of same-sex marriages in India. A five-judge constitution bench led by Chief Justice D Y Chandrachud, along with Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and P S Narasimha, is currently engaged in deliberations on the matter. Chief Justice Chandrachud has asserted that the right to form a union encompasses the right to choose a partner and demands recognition of that union, emphasizing that the failure to do so would be a discriminatory practice. He also noted that it would be discriminatory to assume that only heterosexual couples can be good parents.
Furthermore, Chief Justice Chandrachud discussed adoption, highlighting that the Juvenile Justice (Care and Protection of Children) Act of 2015 does not prevent unmarried couples from adopting. He emphasized that the Union of India has not demonstrated that excluding unmarried couples from adoption is in the child’s best interest, thereby suggesting that the Central Adoption Resource Authority has exceeded its authority by imposing such restrictions. The Chief Justice also acknowledged that homosexuality and queerness are not confined to urban or upper-class segments of society, emphasizing that these identities exist across various social strata. Additionally, he pointed out that the withdrawal of the state from domestic spaces leaves vulnerable individuals unprotected, suggesting that all intimate activities within the private sphere are subject to state scrutiny. He also directed the police to conduct a preliminary inquiry before registering an FIR against queer couples regarding their relationships.
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