Same-Sex Marriage Verdict: SC grants equal rights to same-sex couples without legalizing marriage

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same-sex marriage in India. CJI DY Chandrachud said that a transgender man can marry a woman or vice-versa. However, he said the directions do not result in the creation of an institution.

He announced it's for Parliament and state legislatures to legally recognize queer marriages. “We record the statement of the Solicitor General that the Union Government will constitute a committee to decide the rights and entitlements of persons in queer unions." “Contrary to Justice Bhat's judgment, directions in my judgment does not result in the creation of an institution, rather they give effect to the fundamental rights under Part 3 of the Constitution," he said. “If a transgender person wishes to marry a heterosexual person such marriage will be recognized as one would be man and another would be woman, transgender man has the right to marry a woman, transgender woman has the right to marry a man and transgender woman and transgender man can also marry and if not allowed it will violate transgender act," the apex court announced.

“Doctrine of separation of power can't stop courts from enforcing fundamental rights. This court can't make laws but can enforce laws," the CJI said, adding that Homosexuality isn't an urban elitist concept. “Gender queerness isn't about status or affluence.

Marriage can't remain a static, stagnant or unchanging institution," the Chief Justice of India stated. He added, “I have dealt with the issue of judicial review and separation of powers, it means each organs function a different function. The traditional doctrine does not animate functioning of most modern democracies.