The Supreme Court’s decision to sanction same-sex unions was not unanimous. The Supreme Court affirms homosexual people’s equal rights and urges public education. The government was ordered by the court to guarantee equality and protection for the gay community. ”CJI DY Chandrachud ”
Notwithstanding the fact that Justices CJI DY Chandrachud and Kaul maintained all rights, their decision was overturned by the majority ruling issued by Justices Bhatt, Hiam Kohli, and Narasimha.
India was waiting with bated breath to know the Supreme Court’s verdict on legalising same-sex marriage, for which there was a delay in securing a majority vote from the five-judgebench led by Supreme Justice of India CJI DY Chandrachud .
Justices CJI DY Chandrachud and Kaul upheld all the rights of the gay community, but their stand was overruled by the majority judgment delivered by the other three judges: Justices Bhatt, Hiam Kohli and Narasimha.
Chief Justice of India CJI DY Chandrachud , who was delivering his verdict on 21 petitions seeking legal recognition of same-sex marriages, said the court cannot make the law but only interpret The Special Marriage Act must be modified by Parliament.
The highest court did recognize equal rights for LGBT persons and their protection, though, and it also called for public education to prevent prejudice against them.
The Supreme Court, in four different opinions, unanimously concluded that marriage is not a “unalienable right” and that same-sex couples cannot assert it as such under the Constitution.
The government-formed committee was mandated by the Supreme Court to look into the issues surrounding these rights.
The Centre and the state government have been instructed to make sure that persons who identify as LGBT do not face discrimination because of their sexual orientation. This is what the Supreme Court had ordered the state and the Centre to do.
The state is required by the highest court to educate the public about LGBT rights and establish a hotline for them. CJI DY Chandrachud , the Chief Justice of India, stated queerness is not metropolitan, elitist, or exclusive to the higher classes and privileged groups on Tuesday.
The Supreme Court bench has also ordered the police and law enforcement to launch an investigation before filing a First Information Report, or FIR, on a same-sex couple’s relationship. CJI DY Chandrachud declared, “There shall be no harassment by calling the LGBT community to the police station only to ask about their sexual identity. “
The court found that the LGBT community cannot be forced to undergo hormone therapy or to go back to their family.
The government has been ordered by the CJI DY Chandrachud to make sure that intersex minors are not made to undergo sex modification procedures against their will.
