Today was the much-anticipated day for the LGBTQIA+ community as the Supreme Court of India was scheduled to deliver its much-anticipated judgement on pleas seeking legal validation for same-sex marriage.

The five-judge Constitution bench that was hearing the pleas comprised Chief Justice DY Chandrachud and Justices SK Kaul, SR Bhat, Hima Kohli and PS Narasimha.

CJI DY Chandrachud said that a transgender man can marry a woman or vice-versa. However, he said the directions do not result in the creation of an institution.

He announced it's for Parliament and state legislatures to legally recognize queer marriages. “We record the statement of the Solicitor General that the Union Government will constitute a committee to decide the rights and entitlements of persons in queer unions."

“If a transgender person wishes to marry a heterosexual person such marriage will be recognized as one would be man and another would be woman, transgender man has the right to marry a woman, transgender woman has the right to marry a man and transgender woman and transgender man can also marry and if not allowed it will violate transgender act," the apex court announced.

“Doctrine of separation of power can't stop courts from enforcing fundamental rights. This court can't make laws but can enforce laws," the CJI said, adding that Homosexuality isn't an urban elitist concept.

“Gender queerness isn't about status or affluence. Marriage can't remain a static, stagnant or unchanging institution," the Chief Justice of India stated.

He clarified his judgment has not granted any social or legal status or legal recognition to same-sex marriages but has ensured certain legitimate benefits flow to queer couples.

The CJI also directed police officials not to harass queer couples, and force them to return to their parents. “Before lodging an FIR against a queer couple in connection to their relationship, there must be a preliminary inquiry."

The petitioners have argued that same-sex couples should be granted the same rights as any heterosexual couples the status of spouse in finance and insurance issues; medical, inheritance, and succession decisions.

To read the hearing

https://twitter.com/LiveLawIndia/status/1714180091876401614?t=SKyNLZbDxAFMOF9IBv1Ncg&s=19