In a split 3:2 verdict, the Supreme Court on Tuesday dismissed petitions advocating for the legalisation of same-sex marriage, a blow for the queer community that denies tens of millions of LGBT+ couples the right to marry their partners.
This verdict was delivered by a five-judge Constitution Bench led by Chief Justice DY Chandrachud.
In a lengthy judgement, Chief Justice of India D.Y. Chandrachud has called upon the government to establish legal recognition for same-sex couples, emphasizing the need to prevent discrimination against them. However, the Court refrained from integrating such couples into the existing legal framework of marriage.
D.Y. Chandrachud said that whether marriage equality is a legalised is something parliament must decide on, and it is not within the court’s remit to create new laws.
