Same Sex Marriage: Supreme decision on gay marriage, why did SC refuse to legalize it? Know the answer

Report- Anusha Soni
New Delhi: The Supreme Court bench led by Chief Justice of India DY Chandrachud on Tuesday refused to recognize gay marriage as a fundamental right. The Court also refused to hold the provisions of the Special Marriage Act void or illegal for failing to include same-sex married couples.

The bench agreed that the provisions of the Special Marriage Act could not be read in letter and spirit to include same-sex couples. The Supreme Court bench believes that making any changes in the Special Marriage Act would amount to intrusion into the legislative area.

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It is the sheer legal impossibility of this idea that has prevented the Supreme Court from legalizing gay marriage. While the court stressed the need for the state to form a committee and look into the concerns of the community and protect them from any kind of harassment. The bench was of the clear opinion that the legal basis for obtaining legal recognition of gay marriages is not suitable.

Hundreds of laws that would require amendment, the existing system of personal laws and the absence of any common civil code are the main reasons why the Supreme Court could not undertake this task. The court has opted to form a special committee as per the suggestion of the Central Government to address the grievances of the community.

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Tags: Supreme Court, Supreme court of india