same-sex couples, saying only Parliament and state legislatures can validate marital unions in a ruling that disappointed millions of lesbian, gay, bisexual, transgender and queer (LGBTQ+) people in India. The apex court stated that the matter should be addressed through legislation by Parliament. While Justice Chandrachud and Justice Kaul supported the recognition of these rights, their position was outvoted by the majority decision of the other three judges: Justice Bhatt, Justice Hima Kholi, and Justice Narisimbha.
The Constitution bench of the Supreme Court, consisting of Chief Justice DY Chandrachud and Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and PS Narasimha, issued its judgment regarding various petitions concerning the marriage equality rights of the LGBTQIA community. Here are the opinions of the five judges: 1) Transgenders in heterosexual relationships have the right to marry under the existing laws. 2) The Constitution of India doesn't recognize the right to marry.
3) While reading the judgment, the judges said that the Special Marriage Act is not unconstitutional and courts cannot strike down the act. 4) The Supreme Court bench has also directed the law enforcer and police to conduct a preliminary inquiry before registering a First Information Report or FIR against a queer couple over their relationship. 5) The court ruled that queer community can't be forced to return to their families or to undergo any hormonal therapy.
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