India's Supreme Court leaves it to the govt to recognise same-sex marriages

In a 3:2 majority, the Supreme Court held that extant regulations barring queer couples from adopting are not void. The court held that adopted children by such couples may be deprived of legal benefits flowing to children of heterosexual couples.

The court also held that the issue may require further consideration by the State. The CJI, in the minority, had held in favour of queer couples' right to adopt.

"Non-heterosexual and heterosexual unions must be seen as both sides of the same coin," the CJI said, adding that legal recognition of non-heterosexual unions is a step towards marriage equality. Justice Bhat, who read out the operative portion of his verdict, said he agrees and differs with the views of the CJI on certain points. Delivering his verdict on the critical issue, the CJI said it is for Parliament to decide whether there is a need for a change in the regime of the Special Marriage Act.

"This court can't make law. It can only interpret it and give effect to it," he said. Justice Chandrachud said the court has recorded Solicitor General Tushar Mehta's statement that the Centre will form a committee to decide the rights and entitlements of persons in queer unions.

The verdict was scheduled to be pronounced at 10:30 am but started a bit late for which the CJI apologised. The CJI said there are four judgements authored by four judges. All judges except Justice Hima Kohli authored individual judgments. "We will be sharing updates from individual judgments till it is clear what is in majority," the CJI said.

During the arguments, the Centre had told the apex court that any constitutional declaration made by it on the petitions seeking legal validation for same-sex marriage may not be a "correct course of action" as the court will not be able to foresee, envisage, comprehend and deal with its fallout.

The apex court had commenced hearing arguments in the matter on April 18. While hearing the matter on May 11, the bench had observed it cannot give a declaration on same-sex unions on the anticipation as to how Parliament is likely to respond to it.

Some of the petitioners had urged the apex court to use its plenary power, "prestige and moral authority" to push the society to acknowledge such a union which would ensure LGBTQIA++ lead a "dignified" life like heterosexuals. LGBTQIA++ stands for lesbian, gay, bisexual, transgender, queer, questioning, intersex, pansexual, two-spirit, asexual and ally persons.