Supreme Court rules against same sex marriage legislation

The Supreme Court today refrained from legalising same-sex marriage in the country, in what many were hoping to be a historic verdict.

The failure to come to a conclusion on passing a verdict in favour of same-sex marriage steamed from the fact that there was a lack of unanimity on the subjects among the judges. 

The five panel bench, comprising Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and PS Narasimha could not come to a conclusion as there were differences of opinions while hearing the pleas. While CJI Chandrachud and Justice Kaul were in favour, the other three Justices were in opposition. 

Justices Hima Kohli and PS Narasimha said they agree with Justice Ravindra Bhat that there is no unqualified right to marry.

The point of contention was that marriage is not a fixed and immutable arrangement. The Chief Justice also pointed out that it is up to the Parliament to decide whether to bring changes in he Special Marriage Act.

The petitioners had demanded that the terms 'man and woman' be changed to the term 'individual' and the term 'husband and wife' to 'couple' in the Special Marriage Act to register same-sex marriage.