Retired Supreme Court judge Sanjay Kishan Kaul said on Friday that the issue of same-sex marriage is not purely legal and involves social issues, and the government may bring a law in the future to provide related marital rights.
Justice Kaul was part of the apex court bench that had refused to legalize gay marriage under existing laws. Justice Kaul retired on December 25 after a tenure of more than six years in the apex court.
He said that although the goal has now been delayed for the gay community due to the related decision, the change in the attitude of the society will provide momentum to change the law. Justice Kaul said in an interview with ‘PTI-Bhasha’, “These are social issues. Sometimes it takes more time for society to accept something… laws change, society changes.
He further said, ‘Sometimes when the society changes, it also gives impetus to the law to change. Maybe the government should think about this (in future). A five-judge Constitution bench of the Supreme Court had on October 17 refused to legalize gay marriage, but recognized equal rights and protection for gay people.
All the judges were unanimous that it was within the scope of Parliament to change the law to legalize such marriages, but in a minority, Chief Justice DY Chandrachud and Justice Kaul were in favor of recognizing the right of same-sex couples in a related case. Were.
Justice Kaul said it was not necessary that success in such cases be achieved ‘in one go’ as the road to decriminalizing consensual gay sex under the Indian Penal Code was also long.
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Tags: DY Chandrachud, Justice DY Chandrachud, Same Sex Marriage, Supreme court of india
FIRST PUBLISHED : December 30, 2023, 24:07 IST
