Parliament and Assemblies have the right to give legal recognition to same sex marriage: Supreme Court

Role of parliament in same sex marriage

By Priyanshi Jain

Around the world, there have been a lot of heated conversations and debates around same-sex marriage. Same-sex union legalization has been a divisive topic, with proponents arguing for equal rights and opponents defending conventional views of marriage. The Supreme Court rejects homophobic marriages as illegal. the five-judge Constitution Bench said that on Tuesday, October 17, The Special Marriage Act cannot be modified by the court. Applying and interpreting the law is the court’s exclusive domain. Parliament should decide whether or not the terms of the Special Marriage Act need to be modified, as per Chief Justice DY Chandrachud. Judges DY Chandrachud Hima Kohli, Sanjay Kishan Kaul, Ravindra Bhat, and PS Narasimha comprised the Constitution bench that heard the proceeding. Judges Chandrachud, Bhat, Narasimha, and Kaul each delivered a separate ruling.

Insights from the CJI:
To gain a deeper understanding of parliament’s role in shaping same-sex marriage laws, it is essential to talk about the valuable insights shared by the Chief Justice of India Dhananjaya Yeshwant Chandrachud. CJI Chandrachud emphasized that parliament serves as the primary legislative body responsible for enacting laws concerning same-sex marriage. Parliament has a crucial role in reflecting the changing views of society towards same-sex marriage.

CJI further stressed that it is the duty of parliament to ensure equal rights and protections for all citizens, irrespective of their sexual orientation. Additionally, parliament plays a significant role in maintaining a delicate balance between individual freedoms and societal interests. When drafting same-sex marriage laws, parliament must thoroughly consider the potential impact on religious institutions and individuals with diverse beliefs. The Chief Justice emphasized that finding this balance is crucial to safeguarding both the rights of the LGBTQ+ community and the freedom of religious expression.

Furthermore, the CJI underlined the significance of public opinion in shaping same-sex marriage legislation. Parliament must carefully pay attention to the sentiments of the public and engage in open dialogue to ensure that the enacted laws genuinely reflect the will of the people. To promote inclusivity and democratic decision-making, the Chief Justice stressed that parliament should actively seek input from various stakeholders.

Understanding the role of parliament in establishing same-sex marriage laws is vital for achieving progress and equality. By effectively embracing the insights provided by the Chief Justice, parliament can enact legislation that aligns with societal values, safeguards individual freedoms, and fosters equality for all. Through an inclusive and democratic approach, parliament can successfully navigate this important matter.

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