Petitioner Says Hopeful Of Full Marriage Equality As SC Refuses To Legalise Same-Sex Marriage

The Supreme Court on Tuesday refused to legalise the same-sex marriage in the country.

Supreme Court delivered its judgment on same-sex marriage on Tuesday.

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The Supreme Court on Tuesday refused to legalise same sex marriage in the country drawing reaction from various quarters. While one of the petitioners expressed dissappointment saying basic rights of the citizens were being denied, the Supreme Court Bar Association welcomed the court's judgment.

" We have been fighting for long and will keep doing so," said one of the petitioners in the matter, activist Anjali Gopalan.  

"Regarding adoption also nothing was done, what the CJI said was very good regarding adoption but it's disappointing that other justices didn't agree...this is democracy but we are denying basic rights to our own citizens," she added. 

Another petitioner Humsafar Trust said that the Tuesday verdict "would endorse the fact that we exist and that we can contribute something meaningful to the society."

"Even if the right to marriage has not been given, CJI has said that the same bundle of rights which every married couple has should be available to same-sex couples," said Geeta Luthara, senior advocate who appeared for some of the petitioners in the case. 

One of the main petitioners in the case, Supriyo Chakraborty also expressed disappointment but remained hopeful that one day "we will have full marriage equality." 

"We are deeply disappointed by the judgment today. Though the court has reiterated that queer people have right to form relationships, they stopped well short of legal recognition, said Chakraborty. 

"On a personal level, we feel proud that we fought this battle  Though we lost, lots of dinner table conversations were initiated because of this case. We remain hopeful that one day we will have full marriage equality," the petitioner added. 

The Supreme Court Bar Association, however, welcomed the court's decision. 

"I welcome the decision of the honourable Supreme Court in which they have not permitted the same-sex marriage," said Adish Aggarwala, chairman of All India Bar Association.

Queerness Not An Urban Concept: CJI

While reading the judgment, Chief Justice of India noted that homosexuality or queerness is not an urban concept or restricted to the upper classes of society. "Queerness can be regardless of one's caste or class or socio-economic status," he said. 

He also underlined that marriage is not static and is an unchanging institution adding that if Special Marriage Act is struck down, it will take the country to the pre-Independence era. 

The court said that queer couples can have a live-in relationship, choose their partners, have the right to gender identity, right to sexual orientation, and they have full freedom in the same but recognisation of their marriage rests with the Parliament.

The apex court delivered its judgment after a five-judge Constitution bench headed by Chief Justice DY Chandrachud reserved its verdict on May 11 following a marathon hearing of 10 days. The hearing on the matter commenced in the Supreme Court on April 18 by the Constitution bench which included Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and P S Narasimha.