Chief Justice D Y Chandrachud, refused to provide legal recognition to same-sex marriage, saying there was "no unqualified right" to marriage with the exception of those that are recognised by law. Unanimously, all the judges observed it is within Parliament's ambit to change the law to validate such union.
However, by a majority of 3:2, the top court held that the queer couples do not have the right of adoption. In his verdict, the CJI passed a slew of directions to the Centre, states and Union Territories to ensure that the queer community is not discriminated against because of their gender identity or sexual orientation and also to take steps to sensitise the public about queer identity, including that it is natural and not a mental disorder.
Justice S Ravindra Bhat, since retired, who authored an 89-page judgement for himself and Justice Hima Kohli, had disagreed with certain conclusions arrived at by the CJI including on the applicability of adoption rules for queer couples and according to recognition of the right to civil union. Justice PS Narasimha, in a separate verdict, had concurred with the views of Justice Bhat.
Referring to the statement made by the Centre during the hearing on the matter, Justice Bhat had said "…the Union shall set up a high-powered committee chaired by the Union Cabinet Secretary, to undertake a comprehensive examination of all relevant factors, especially including those outlined above. In the conduct of such exercise, the concerned representatives of all stakeholders, and views of all States and Union Territories shall be taken into account".
Read more on livemint.com