Around 20 former judges from High Courts across India have penned an open letter appreciating the Supreme Court’s recent verdict which refused to accord legal recognition to same-sex marriages.
Contending that the verdict received “overwhelming applause” from the society except the LGBTQAI+ community, the letter said: “The judgement is a blend of interpretation of statutory provisions, culture and morality. It is relevant in the context of Indian culture, ethos, and heritage.”
On October 17, the apex court refused to accord legal recognition to same-sex marriage, saying there was “no unqualified right” to marriage with the exception of those that are recognised by law. The apex court, however, made a strong pitch for the rights of queer people so they don’t face discrimination in accessing goods and services that are available to others.
“Thrust of minority view on equality, individual dignity, choice of civil union irrespective of sexual orientation and privacy emanating from Articles 19, 21 and 25 of constitution of India did not find favour with the majority in the bench. An important feature of the majority view is recognition of the marriage as a social institution in existence from times immemorial, pre-dating the concept of state. This gives credence to the bond of marriage between a man and a woman constituting family as a primary unit of civil society as propounded by our scriptures,” the letter signed by 22 former High Court judges said.
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