Same-Sex Marriage Verdict: Queer community can’t be forced to return to their family (File)
New Delhi:
The Supreme Court today directed the Centre and the state governments to ensure that queer people are not discriminated against on the basis of their sexual orientation.
Directing the government to sentisize the public about queer rights and set up a hotline for them, Chief Justice DY Chandrachud said that queer is a natural phenomenon known for ages, and is neither urban nor elitist.
“Queerness is neither urban nor elitist. However, we do not agree with the directions issued by the Chief Justice of India,” Justice Chandrachud said.
He directed the police to conduct a preliminary enquiry before registering a First Information Report or FIR against a queer couple over their relationship.
“There shall be no harassment to queer community by summoning them to police station solely to enquire about their sexual identity,” he said.
He said that the people of the queer community can’t be forced to return to their families or to undergo any hormonal therapy.
He also asked the government to ensure that inter-sex children are not forced for sex change operations.
A five-judge Constitution bench of the Supreme Court today refused to grant legal recognition to same-sex marriages. The Chief Justice said the court can’t make law but only interpret it, and it is for Parliament to change the Special Marriage Act.
“Whether a change in the regime of the Special Marriage Act is for the Parliament to decide. This court must be careful to not enter into legislative domain,” he said.
The Supreme Court asked the Centre to proceed with the formation of a committee to address practical concerns of same-sex couples, such as getting ration cards, pension, gratuity, and succession issues.