Chief Justice of India DY Chandrachud, presiding over a five-judge constitution bench, heard the petitions for legal recognition of same-sex marriages, which will continue today. On Tuesday, the Supreme Court disagreed with the argument that there is no fundamental right to marry under the Constitution and said that the basic elements of marriage are protected by constitutional values. ,CJI responds to government’s argument

CJI Chandrachud was responding to senior advocate Rakesh Dwivedi’s contention that the Constitution “only gives fundamental right to form relationship, association, which … can be regulated”, the CJI said, ‘to say … that there would be no fundamental right to marry under the Constitution would be far-fetched. What are the basic elements of marriage? If you look at each of these elements, they are protected by constitutional values’.

Debate will continue in same-sex marriage case even today

The CJI said, “Marriage itself recognizes the right of individuals to cohabit…Marriage brings with it the notion of existence of a family unit, something which is directly at odds with the existence of constitutional values. is responsible for … marriage has procreation – a very important component, although equally we must be cognizant of the fact that the validity or legality or social acceptance of marriage does not depend on procreation simply because people do not produce children They may not have the capacity to have children; or they may marry at an age when they cannot have children.

Marriage deserves constitutional protection- CJI

The CJI said, “We must accept as a basic proposition that marriage is something which deserves constitutional protection; It is not just a statutory recognition. Once we cross that threshold, we enter the next level which is the issue at issue here, is heterosexuality an intrinsic or core component of the institution of marriage? Let me tell you that even today the debate on the issue of gay marriage will continue in the Supreme Court.

Supreme Courtsame sex marriage Published Date

Wed, May 10, 2023, 10: 20 AM IST