The Supreme Court, in a 3:2 verdict, refused to grant legal recognition to same-sex marriages while putting the onus on the legislature on making such a law. The court noted that the present law does not recognise the right of same-sex couples to enter into civil unions.


The five-judge Constitution Bench comprising CJI Chandrachud, Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and PS Narasimha delivered four separate judgments. The majority judgment was delivered by Justices Bhat, Kohli and Narasimha.


CJI Chandrachud said the Centre and state governments should not discriminate against the right of the queer community to enter into union. The CJI also said there should be no discrimination in access to goods and services.


At the outset, the CJI said it was for Parliament to decide whether a change in the Special Marriage Act was needed. "This court must be careful to not enter into legislative domain," the CJI said.


CJI DY Chandrachud said choosing a life partner was an integral part of life and the ability to choose a partner goes to the root of right to life and liberty under Article 21. 


Same-Sex Marriage: Top Quotes Of Majority Judgment By Justice Bhat



  • Same-sex marriages or civil unions can be only through enacted laws and courts cannot enjoin such creation of a regulatory framework.

  • Queer persons are not prohibited in celebrating their love for each other, but have no right to claim recognition of such union.

  • Queer persons have the right to choose their own partner and they must be protected to enjoy such rights.

  • Same-sex or queer couples do not have right to adopt children under the existing law.

  • Transgender persons have the right to marry.


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


Same-Sex Marriage: Top Quotes Of Minority Judgment By CJI Chandrachud



  • Queer is a natural phenomenon known to India from ages. It is neither urban or elitist. There is no universal conception of the institution of marriage, it is not static.

  • The Union Government, state governments and UTs shall not discriminate against the right of the queer community to enter into union. Union, states, UTs are directed to ensure queer community is not discriminated against. There should be no discrimination in supply of goods and services.

  • Police should conduct a preliminary enquiry before registering an FIR against a queer couple over their relationship. They shall not force queer persons to return to their native families if they do not wish to return to them.

  • Transgender persons in heterosexual relationships have the right to marry under the existing laws, including personal laws.

  • Right to enter into union cannot be restricted on the basis of sexual orientation. Unmarried couples, including queer couples, can jointly adopt a child.

  • No person shall undergo hormonal therapy as a precondition to be able to be recognised as a queer person.

  • Government to create hotline for queer community, create safe houses 'Garima Grih' for queer couples who face violence and ensure inter-sex children are not forced to undergo operations.

  •  Queerness can be regardless of one's caste or class or socio-economic status. Homosexuality or queerness is not urban concept or restricted to upper class of society.

  • The Constitution does not grant fundamental right to marry and the institution (marriage) cannot be elevated to the status of fundamental right.