Same-sex marriage: What the majority judgment of the Supreme Court held

Three judges of a five-judge Constitution Bench of the Supreme Court on Tuesday refused to recognize the right of same-sex couples to enter into marriages or have civil unions [Supriyo @ Supriya Chakraborty and anr v. Union of India]..The judgment was delivered by a Constitution Bench of Chief Justice of India (CJI) DY Chandrachud and Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and PS Narasimha. The Bench rendered four separate judgments.The majority opinion was delivered by Justices Bhat, Kohli and Narasimha, with the latter delivering a separate but concurring opinion.CJI Chandrachud and Justice Kaul delivered separate dissenting judgments..WATCH| Highlights of the minority and majority verdict in the marriage equality case:.All the judges were unanimous in holding that there is no unqualified right to marriage and that same-sex couples cannot claim it as a fundamental right.The Court also unanimously turned down the challenge to provisions of the Special Marriage Act..The majority of Justices Bhat, Kohli and Narasimha also held that civil unions between same sex couples are not recognised under law and they cannot claim the right to adopt children either.Below are the key conclusions arrived at by the majority judges..No right to marriageThere is no unqualified right to marriage except that which is recognised by statutes and customs..No right to civil union without lawEntitlement to legal recognition of the right to civil union akin to marriage or conferring status upon the parties to the relationship can be only through enacted law. The Court cannot enjoin or direct the creation of such regulatory framework resulting in such legal status.This does not mean that queer persons are prohibited from celebrating their commitment to each other in any way they wish to within the social realm..Queer couples entitled to have such relationships but no legal statusQueer couples have the right to union or relationship be it mental, emotional or sexual, drawing from the right to privacy, the right to choice and the right to autonomy. This does not, however, give them the right to claim legal status or entitlement to the said union..Special Marriage Act validChallenge to the Special Marriage Act insofar as it does not recognize unions between same-sex couples, is dismissed..Queer couples entitled to compensatory benefits, social welfare entitlementsThe indirect discriminatory impact on queer couples in terms of entitlement to compensatory benefits or social welfare entitlements, for which marital status is a relevant eligibility criteria, have to be addressed and removed by the government.These measures need to be taken expeditiously because delay will lead to denial to queer persons of enjoyment of such entitlements which are otherwise available to all citizens entitled to such benefits..Central government to set up committeeThe Central government should be set up a high-powered committee (HPC) chaired by the Cabinet Secretary to undertake a comprehensive examination of all relevant factors related to same-sex marriage.The HPC shall take into account views of all stakeholders and all states and union territories..Transgenders persons have right to marryTransgenders persons in heterosexual relationships have the freedom and entitlement to marry..No right to adopt childrenQueer couples do not have right to adopt under the law as it stands today.Regulation 5(3) of Central Adoption Resource Authority Regulations (CARA Regulations) which bar unmarried persons from adopting, cannot be held to be void. At the same time, CARA and the Central government should consider the realities of de facto families where single individuals are permitted to adopt and thereafter start living in a non-matrimonial relationship. There can be an unforeseen eventuality wherein the adopted child faces exclusion from benefits otherwise available to adopted children of married couples. These aspects need further consideration, for which the Court is not the appropriate forum..Queer people should not be subject to involuntary medical treatmentState shall ensure that the right of queer couples to cohabit is not interfered with. State shall take steps to ensure that queer and transgender persons are not subjected to involuntary medical or surgical treatment..Watch the pronouncement of the judgment here:.[Read Judgment]