'Ensure No Discrimination In Supply Of Services': CJI Issues Directions To Govt To Safeguard Queer Community

Same-Sex Marriage Verdict: Chief Justice of India DY Chandrachud issued a slew of directions to the Centre and states to ensure the queer community was not discriminated against.

Chief Justice Of India DY Chandrachud

Source : PTI

The Supreme Court, in a 3:2 verdict, refused to legalise same-sex marriage and said it was for Parliament to effect changes in the Special Marriage Act on Tuesday. The Supreme Court, however, said an individual's right to enter into a union cannot be restricted on the basis of sexual orientation. 

Chief Justice of India DY Chandrachud, reading out his conclusion, issued a slew of directions to the Centre and states to ensure the queer community was not discriminated against. Chief Justice of India DY Chandrachud said the government should not bar queer people to get into a union to avail benefits of the state.

Delivering his verdict, CJI Chandrachud said queerness was not an urban or elite concept and the right to choose a life partner lies at the root of Article 21 of the Constitution. The matter was heard by a five-judge Constitution Bench comprising CJI Chandrachud, Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and PS Narasimha.

READ | 'Right To Enter Into Union Can't Be Restricted On Basis Of Sexual Orientation': Top Supreme Court Quotes

Same-Sex Marriage: CJI Directions To Govt On Queer Community

Directions To Centre, State Governments

• Ensure no discrimination in supply of goods and services to those from queer community. Sensitise the public to prevent harassment of any kind.
• Establish hotline for queer community and create safe houses 'Garima Grih' for queer couples who face violence.
• Ensure sex change operations are not allowed when they are not of age to comprehend the effect of such procedures. No person shall undergo hormonal therapy as a precondition to be able to be recognised as a queer person.
• Transgender persons in heterosexual relationships have the right to marry under the existing laws, including personal laws.
• Unmarried couples, including queer couples, can jointly adopt a child. (This, however, was not agreed upon by other judges)

Directions To Police

• There shall be no harassment of queer couples by summoning them to the police station or visiting their residences solely to interrogate them about their gender identity or sexual orientation.
• Police shall not force queer persons to return to their native families if they do not wish to return to them. 
• When a police complaint is filed by queer persons alleging that their family is restraining their freedom of movement, they shall on verifying the genuineness of the complaint and ensure that their freedom is not curtailed.
• When a police complaint is filed apprehending violence from the family for the reason that the complainant is queer, or is in a queer relationship, they shall on verifying the genuineness of the complaint, ensure due protection. 
• Before registering an FIR against a queer couple in relation to their relationship, police shall conduct a preliminary enquiry to ensure that the complaint discloses a cognisable offence.