nationalhigh 17 October 2023

Supreme Court Verdict on Same-Sex Marriage: 3-2 Against Legalisation

Summary

On 17 October 2023, a 5-judge Constitution Bench of the Supreme Court of India delivered its verdict on same-sex marriage. By a 3-2 majority, the court declined to legalise same-sex marriage, stating that it is a matter for the legislature to decide. However, the court unanimously agreed that there is no fundamental right to marry. The CJI DY Chandrachud and Justice SK Kaul favoured civil unions, while Justices Bhat, Kohli, and Narasimha disagreed. The court directed the government to form a committee to examine rights of queer couples.

📌 Important Facts

  • 15-judge Constitution Bench, verdict on 17 October 2023.
  • 23-2 majority against legalising same-sex marriage.
  • 3No fundamental right to marry (unanimous).
  • 4CJI DY Chandrachud + Justice SK Kaul favoured civil unions.
  • 5Court directed govt to form committee for queer couples' rights.

Entities Mentioned3

🏢
Supreme Court of Indiaorg
👤
DY Chandrachudperson
📋
Article 21policy

Related GK Topics2

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