Marriage is not a fundamental right in the Constitution , hence the Constitution Bench of the Supreme Court has refused to recognize gay marriage.
However, the court has definitely advocated for protection of the interests and some rights of homosexuals.
A five-judge Constitution bench headed by Chief Justice DY Chandrachud has also refused to amend the Special Marriage Act in view of same-sex marriage or give it recognition or registration.
The Chief Justice has clarified that making law is not the prerogative of the court. It can only review and interpret the law, so the matter is left to the discretion of Parliament and the government.
A suggestion has definitely been made that the government should form a committee under the chairmanship of the Cabinet Secretary, which after discussing all the aspects of gay marriage, submit its report to the government. On that basis, debate can be held in Parliament.
The Constitution Bench has also directed that in the absence of a central law, states can also make laws. Although four judges gave separate judgments and also expressed disagreements, the entire bench was unanimous in not recognizing gay marriage.
21 petitions were filed in the Supreme Court regarding recognition of gay marriage under the ‘Special Marriage Act’ and other related aspects.
The question was also whether ‘sexual minorities’ are also entitled to fundamental rights like life, liberty, equality and non-discrimination? Can the Special Marriage Act be made ‘gender neutral’?
They are not seeking religious validity or social acceptance as an ‘Indian family unit’, hence it is clear that they were in favor of changing the meaning of the institution of ‘marriage’, its responsibilities, dedication, co-habitation and responsibilities.
Actually in Indian society, in any community, marriages are solemnized between a man and a woman. This is also the law of nature. The man is given the status of ‘husband’ and the woman is given the status of ‘wife’.
Marriage is a socio-religious ritual. It also has legal aspects. When two people of opposite sex have sex, a new being is born in this world.
The structure of the human body in the womb is the most unique miracle of this universe. No one can deny this. The universe has been taking shape like this and has also been expanding.
Legally, the gay community is also not allowed to adopt a child. Gay marriage is a psychosis and a dwarf, futile attempt to deny nature. An urban, educated, so-called modern community is suffering from this mental disorder. In 2018, the court had ruled to ‘decriminalize’ homosexual relations.
After that the issue of giving constitutional recognition to such marriages has flared up. We consider such marriages and relationships as immoral, anti-social, unnatural and unholy. Of course everyone has the right to choose their life partner. If this was the case, then why did the Constitution Bench refuse to recognize gay marriage?
Do a civil couple and gay partners have the same ‘constitutional rights’? The court has now put the ball in the court of the Parliament and the government.
If the Parliament approves such relations after debate and discussion, then the misconceptions of the society will also be destroyed. Till now the society has had a questioning and suspicious view on gay people. After getting the approval of the Parliament, they will be able to make their identity public.
Since the issue of gay marriage is socio-cultural and biological, the Parliament should also take its decision on it seriously.