Supreme Court of India rules that it cannot legalise marriage equality, asks Parliament and state legislatures to amend or frame laws to address discrimination faced by same-gender couples
Supreme Court of India rules that it cannot legalise marriage equality, asks Parliament and state legislatures to amend or frame laws to address discrimination faced by same-gender couples
Five-judge Constitution Bench holds non-heterosexual couples cannot claim unqualified right to marry; minority view of CJ and Justice Kaul holds State should carve out regulatory framework to recognise civil union; majority view of Justices Bhat, Kohli and Narasimha holds it's for legislature to rec...
A 3-2 majority of the Supreme Court of India refused to legalise marriage equality, holding that marriage was a statutory, and not constitutional, right. However, it unanimously urged Parliament and state legislatures to look into concerns faced by same-gender partners, such as in matters of inheritance, employment benefits, and opening of joint bank accounts. It also held that transgender people can marry under the current laws.
while the negative ruling is somewhat disappointing, the fact that the court is respecting the limits of their authority and doing things correctly is refreshing, and sets a good president.
Cannot = won’t.