Group of ex-judges praises SC verdict denying legal recognition to same-sex marriage
Supreme Court verdict refusing to grant legal recognition to same-sex marriage, saying it is a blend of interpretation of statutory provisions, culture and morality. The judgement has received «overwhelming applaud» from society except the LGBTQ+ community and a minuscule section thereof, the former judges claimed in a statement.
The judgement is relevant in the context of Indian culture, ethos and heritage, they said, citing various points of the verdict.
Twenty-two former high court judges, including Permod Kohli, S M Soni, A N Dhingra and R C Chavan, put out the statement.
The Supreme Court on Tuesday refused to accord legal recognition to same-sex marriage, saying there was «no unqualified right» to marriage with the exception of those that are recognised by law.
Holding that transgender people in heterosexual relationships have the freedom and entitlement to marry under the existing statutory provisions, the apex court said an entitlement to legal recognition of the right to union, akin to marriage or civil union, or conferring legal status to the relationship can be only done through «enacted law».
In their statement, the former judges said the apex court has convincingly ruled that it is not within its jurisdiction to make provisions for recognising such marriages and that it is within the domain of Parliament.
«Hon'ble court has reconfirmed the well-settled principle of separation of power enshrined in the Constitution holding that the jurisdiction of the court is to interpret the constitutional and statutory provisions, and not to venture into legislative domain, which solely vests with the competent legislature,» they said.
