In a groundbreaking ruling, a five-judge Constitution bench led by Chief Justice DY Chandrachud has emphasized the need to ensure the queer community’s rights are protected and that discrimination is eliminated when accessing goods and services. This verdict marks a significant step forward in the fight for LGBTQIA+ rights in India.
Sensitizing the Public and Ensuring Queer Rights
Chief Justice DY Chandrachud stressed the importance of sensitizing the public about queer rights, calling for the creation of a hotline for the queer community and safe houses for queer couples. This proactive approach seeks to address issues faced by the LGBTQIA+ community and create a more inclusive society.
Protecting Intersex Children’s Rights
The bench, which includes Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and PS Narasimha, also issued a significant order to protect the rights of intersex children. They ruled that no person should be forced to undergo hormonal therapy, ensuring that medical decisions respect individuals’ autonomy.
Preventing Police Harassment
The Supreme Court directed the police not to harass the queer community by summoning them to police stations solely to inquire about their sexual identity. This order aims to protect the privacy and dignity of queer individuals.
Striking Down Adoption Restrictions
Earlier today, the Supreme Court struck down regulations from the Central Adoption Resource Authority (CARA) that restricted queer and unmarried couples from adopting children. Chief Justice Chandrachud highlighted that it cannot be assumed that only “heterosexual couples can be good parents.”
The Long-Awaited Same-Sex Marriage Verdict
The Supreme Court is currently pronouncing its much-anticipated verdict on pleas seeking legal validation for same-sex marriage. This momentous decision will have far-reaching implications for LGBTQIA+ rights and marriage equality in India.
Petitioners Advocate for Equality Rights
The five-judge bench had reserved its verdict on the pleas on May 11, following a marathon hearing of 10 days. The petitioners, represented by senior advocates, emphasized the equality rights of the LGBTQIA+ community and pushed for recognition of unions that would allow LGBTQIA individuals to lead a “dignified” life.
Government Opposition and Committee Formation
The BJP-led Central government opposed the pleas, arguing that Indian legislative policy validates unions only between biological men and women. On May 3, the Centre informed the Supreme Court of its intention to form a committee headed by the cabinet secretary to address “genuine concerns” of same-sex couples without addressing the issue of legalizing their marriage.
This landmark verdict by the Supreme Court of India reflects a significant step forward in the recognition and protection of LGBTQIA+ rights and a more inclusive society.