The Supreme Court on Tuesday, while delivering a verdict on pleas demanding the legalisation of same-sex marriages, directed the Centre and the state governments to ensure that queer people are not discriminated against. A five-judge bench headed by CJI DY Chandrachud refused to legalise same-sex marriages in a 3:2 verdict.
SC Directives to Union Government Over Queer Rights
The top court asked the Central government to sensitise the public about queer rights and set up a hotline for them. Chief Justice DY Chandrachud said that queer is a natural phenomenon known for ages, and is neither urban nor elitist. “It’s not even a concept that is specific to upper class,” he added.
CJI DY CHandrachud asked the government to ensure that inter-sex children are not forced into sex change operations.
The apex court also issued directions to the union government to hold awareness campaigns regarding queerness and gender sensitisation.
SC Directives to Police Over Queer Rights
CJI DY Chandrachu further directed the police to conduct a preliminary enquiry before registering a First Information Report (FIR) FIR against a queer couple over their relationship.
“There shall be no harassment to the queer community by summoning them to police station solely to enquire about their sexual identity,” he added.
CJI also stated that the people of the queer community can’t be forced to return to their families or to undergo any hormonal therapy.
No Nod to Same-Sex Marriages, Ball Now in Parliament’s Court
While delivering the verdict, CJI Chandrachud said that the court can’t compel the Parliament or the State to create a new institution of marriage.
The court can’t make law but only interpret it and it is for Parliament to change the Special Marriage Act, Chief Justice of India (CJI) D Y Chandrachud said.
“Whether a change in SMA is needed is for the parliament to ascertain and the court must be careful to enter into the legislative domain,” CJI further added.
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