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SC Rules No Unqualified Right to Marriage for LGBTQIA+ Community; Legal Status Through Enacted Law

<p> <br &sol;>&NewLine;<br &sol;>&NewLine; &Tab; The Supreme Court of India <&sol;p>&NewLine;<p>&Tab; Constitution Bench Emphasizes Need for Legal Recognition&comma; Cites Parliament&&num;8217&semi;s Role in Special Marriage Act&Tab; &Tab;<&sol;p>&NewLine;<p>&Tab;&Tab;&Tab;&Tab;&Tab;&Tab;NEW-DELHI&colon; In a significant ruling&comma; a five-judge Supreme Court Constitution bench has declared that LGBTQIA&plus; couples do not possess an absolute right to marriage&period; The bench maintained that conferring legal status to civil unions must be through enacted law and cannot be unqualified&period;<&sol;p>&NewLine;<p>The Bench&comma; featuring Chief Justice of India DY Chandrachud and Justices Sanjay Kishan Kaul&comma; S Ravindra Bhat&comma; Hima Kohli&comma; and PS Narasimha&comma; delivered this majority verdict&comma; a culmination of hearings that began on April 18&period; The order was reserved on May 11 after extensive arguments from all sides&period;<&sol;p>&NewLine;<p>In this landmark judgment&comma; the court clarified that LGBTQIA&plus; individuals still retain the right to form relationships despite the absence of an unqualified right to marriage&period; The judgment particularly focused on the need for legal recognition&comma; underlining the essential role of enacted laws&period;<&sol;p>&NewLine;<p>Chief Justice Chandrachud emphasized the importance of preventing discrimination against the Queer community and the need to sensitize the public about queer rights&period; He advocated for establishing hotlines and safe houses for queer couples&comma; underscoring the requirement for the government to ensure the protection of intersex children and the prevention of any forced hormonal therapy&period;<&sol;p>&NewLine;<p>However&comma; Justice Ravindra Bhat and Justice Narasimha disagreed with the CJI on several aspects of the judgment&period; Justice Bhat noted that while LGBTQIA&plus; individuals possess the right to a relationship&comma; there is no unqualified right to marry&period; He argued that legal recognition of unions should be legislated&comma; and the court cannot unilaterally create a legal framework for queer couples&period; The court directed the Union Government to form a committee to assess the rights and entitlements of individuals in queer unions&period;<&sol;p>&NewLine;<p>This Ruling carries immense implications for the LGBTQIA&plus; community in India&comma; emphasizing the importance of legal recognition while signaling the necessity of laws to protect their rights and relationships&period; The ball is now in the court of the legislature to address this vital issue&period;<br &sol;>&NewLine;&Tab;&Tab;&Tab;&Tab;&Tab;&Tab; end-of <&sol;p>&NewLine;&NewLine;

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