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  • 10/17/2023
The Supreme Court pronounced its verdict on the legal recognition of same-sex marriage on 17 October. The top court has refused to give marriage equality rights to the LGBTQIA+ community in India.

#SupremeCourt #SameSexMarriage #SpecialMarriageAct #DYChandrachud #CJI #LGBTQIA+ #SameSexMarriageVerdict
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Transcript
00:00 Today, on October 17th, the Supreme Court of India issued its long-awaited verdict on
00:08 same-sex marriages.
00:09 To the dismay of the queer community, the apex court of the country said that it cannot
00:15 legalize same-sex marriages.
00:17 The Supreme Court, in a 3-2 verdict, rejected petitions seeking same-sex marriages in India
00:22 and refused to tweak provisions of the Special Marriage Act.
00:27 The Chief Justice of India, B.Y. Chandrachud, said that making such a law is the domain
00:31 of Parliament.
00:32 A five-judge bench headed by CJI Chandrachud heard arguments in the case between April
00:37 and May of 2023 and pronounced its verdict on Tuesday.
00:42 As he began reading his order, Chandrachud said that there was a degree of agreement
00:46 and disagreement on how far a country has to go on same-sex marriages.
00:50 While pronouncing the verdict on 21 pleas seeking legal validation for same-sex marriage,
00:57 Chandrachud said that it is for the Parliament to change the Special Marriage Act and that
01:01 the court can't make law but can only interpret it.
01:06 The five-judge Constitution bench comprised the CJI and Justices Sanjay Kishan Kaul, S.
01:11 Ravindra Bhatt, Hema Kohli and P.S.
01:14 Narasimha.
01:15 Besides the CJI, Justices Kaul, Justice Bhatt and Justice Narasimha have penned separate
01:20 verdicts.
01:21 All judges of the bench directed the government to constitute a committee to examine the rights
01:26 and entitlements of persons in queer union without legal recognition of their relationship
01:31 as a marriage.
01:33 The five-judge bench decided on the matter after hearing 20 petitions filed by various
01:38 same-sex couples, LGBTQ+ activists and transgender persons.
01:43 The CJI said that homosexuality or queerness is not an urban concept or restricted to the
01:49 upper class of the society.
01:51 Chandrachud said that whether there is a need for change in the regime of the Special Marriage
01:54 Act is for the Parliament to decide.
01:57 However, the court order said that queer couples have the right to enter into a union.
02:03 It stated that the state's duty is to ensure such unions and couples get protection and
02:08 a bouquet of rights.
02:10 The Supreme Court judgment on same-sex marriages raised hope on allowing adoption by unmarried
02:14 and queer couples, only for it to be dashed minutes later when three of the five judges
02:19 on the bench disagreed with CJI and Justice S.K.
02:22 Kaul on the issue.
02:23 The court said that the Centre should proceed with its committee headed by the Cabinet Secretary
02:28 to address the raft of concerns of same-sex couples, including ration cards, pension,
02:33 gratuity and succession.
02:35 On May 11, 2023, the bench had reserved its verdict on the pleas after a marathon of hearing
02:41 of 10 days.
02:58 [MUSIC PLAYING]

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