GUWAHATI, Oct 17: A five-judge Constitution bench of the Supreme Court on Tuesday refused to grant legal recognition to same-sex marriages, stating in its judgement that granting legal sanction to same-sex marriage is in the domain of the legislature and not the judiaciary.
Chief Justice of India D Y Chandrachud, who was heading the bench, pronounced its verdict on 21 pleas seeking legal validation for same-sex marriages. CJI Chandrachud said the court can’t make law but only interpret it and it is for Parliament to change the Special Marriage Act.
“There is no unqualified right to marriage except as it is recognised under the law. Conferring legal status to a civil union can only be through enacted law. Transsexual persons in homosexual relationships have the right to marry,” the verdict read.
The five-judge constitution bench comprised CJI and Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and PS Narasimha.
