A five-judge Constitution Bench of the Supreme Court, led by Chief Justice of India DY Chandrachud and comprising Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and PS Narasimha, refused to recognise marriage equality for LGBTQIA+ individuals on Tuesday, October 17.
The verdict, reached after a marathon 10-day hearing in April, asserts that the onus lies with Parliament to enact legislation pertaining to this matter. While the Justices recognised the right of queer individuals to cohabitate, they stated that establishing a legal framework for civil unions necessitates the passage of a law by Parliament. This decision has sparked widespread discussions on the role of legislative bodies in shaping the rights of sexual minorities.
Akkai Padmashali, one of the petitioners and a trans rights activist, responded to the verdict with measured optimism. "We welcome the verdict, it’s a step ahead. Sexual minorities are not part of the legislature; we urge that representatives of the LGBTQIA++ community should be included. We are part of constitutional morality," she said.
Akkai called for the implementation of the Supreme Court's directions and suggested that a special committee comprising experts and community members be formed. Expressing hope and trust in constitutional morality, she called upon members of Parliament, the Prime Minister, and leaders of all political parties to champion the cause of LGBTQIA+ rights in all spaces. “We still have hope, we still have some amount of trust in Constitutional morality,” she said.
The CJI also recognised that all transgender individuals in heterosexual relationships have the right to marry within the framework of existing laws. This marks a significant triumph for the transgender community, as this recognition was previously contingent on a ruling from the Madras High Court.