SC refuses legal validation to same-sex marriage

New Delhi: A five-judge constitution bench of the Supreme Court Tuesday unanimously refused to accord legal recognition to same-sex marriage under the Special Marriage Act, ruling that it is within Parliament's ambit to change the law for validating such union.

The top court, however, recognised equal rights for queer people and their protection, while calling for sensitisation of the general public so they don't face discrimination.

The apex court, while passing four separate verdicts, was unanimous in holding that there is "no unqualified right" to marriage, and same-sex couples can't claim it as a fundamental right under the Constitution.

The bench headed by Chief Justice D Y Chandrachud was critical of the Centre's stand that the pleas for legal validation of samesex marriage was reflective of an urban elitist concept. Queerness is neither an urban nor an elite concept or characteristic, said the apex court.

Directing the Centre, states and UTs to ensure the queer community is not discriminated against, the CJI said queer is a natural phenomenon known for ages and is neither urban nor elitist.

Delivering his verdict on the critical issue, the CJI said it is for Parliament to decide whether there is a need for a change in the Special Marriage Act regime. (PTI)