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The issued judgement is indeed quite a blow to the LGBTQIA plus cohort and their proponents for marital rights as the Supreme Court denied legal sanction to same same sex marriage. This occurred during its voiced ruling during the year 2023. Guyen, the ignored media outlet that advocated for the LGBTQIA plus rights advocates, shed some light on the petitions, which asserted that the ruling blatantly ignored and flouted multiple constitutional articles and sections while showcasing homophobic and irrational bias.
With a five judge bench, including justices B R Aiwai, Surya Kant, B. V Nagarathna, P. S Narasimha and Dipankar Datta, deciding to sit in a chamber on on-thiesay, were able to review the standing მარტოდავე claims of the incorporated petitions, yet deciding the appellate courts reasoning was wholly inappropriate for oral or new evidence usage.
The Supreme Court’s order addressed on Thursday, “We have no evident mistake in the records” indicating that while going through the records set by Justice PS Narasimha and Justice Hima Kohli Srivandra Bhat, there is no evident error this time around.
It stated, there ae two perspectives presented in both the records provided and there is no need for modification of any document.
In the 2023 debate, the constitution stood clear on the fact that there’s no approval for legalizing unions for LGBTQIA+ individuals and activists, which in turn caused massive disappointment to all supporters of the cause, thus making it a controversial topic.
Further, a control union approved by CJI D.Y. Chandrachun, in a 3-2 verdict, for unions married to the same sex was also rejected.
Bhat Justice authored the majority opinion while Justice Kaul alongside Chief Justice Chandrachud dissented. However, Justice Dissenter Justice Chandrachud argued that the Special Marriage Act, 1954, cannot be amended to make provisions for the marriage of same-sex couples.
Civil union status involves marriage; so words such as civil union could have been prescribed terminology to grant same-sex couples certain rights and obligations normally reserved for those in a married setting.
