On Tuesday, the court refused to grant the legal recognition to the queer marriages in India. Meanwhile, it also clarified that as per the statutory provisions, transgender persons in heterosexual relationships have a right to marry.
Four judgments were pronounced by a constitution bench, which were written by: CJI DY Chandrachud, Justice SK Kaul, Justice Ravindra Bhat, and Justice P.S Narasimha respectively. Justice Hima Kohli concurred with Justice Bhat.
It has unanimously been held by the bench, that transgender persons in heterosexual relationships have the right to marry as per the personal laws.
In support of this, it was stated by CJI that the gender of a person is different than sexuality.
Justice S.R Bhat disagreed with the view of CJI DY Chandrachud, but he along with Justice Hima Kohli did recognize the right to marry a transgender person.
CJI also stressed the fact that the institution of marriage has never remained static and has changed over the period as we moved from Sati to widow remarriage, and child marriage to intercaste or interfaith marriage.
Along similar lines, it was pronounced by Justice Kaul that queer unions are to be recognized as unions of love and partnership but the union of marriage has not to be recognized.
Justice P.S Narasimha agreed with the judgment of Justice Bhat, that the right to marry is a statutory right.
Case Title: – Supriyo v. Union of India | Writ Petition (Civil) No. 1011 of 2022 + connected matters
Written By: – Shianjany Pradhan (@SHIANJANYPRADHAN)
