Advocate J Sai Deepak explains complexities of SC’s verdict on same-sex marriage issue

Advocate J Sai Deepak, representing respondent Bharatiya Stree Shakti while speaking over the Supreme Court’s verdict on same-sex marriage explained the judgment’s complexities and preferable steps the Government will adopt to address the issue without going for legislative amendments of special marriage act.
A five-judge SC bench in a 3:2 majority verdict ruled that for LGBTQIA+ couples there is no unqualified right to marriage. The court, however, said that the judgement will not preclude the right of Queer persons to enter into relationships. The apex court also said that the challenge to the Special Marriage Act (SMA) on the ground of under-classification is not made out.
He said, “"I think the other side may prefer a review or a reference on certain legal questions, I am not sure of it though. I think the Government may want to look at what kind of operational issues it can address without going for legislative amendments of the SMA (Special Marriage Act) because ultimately on the question of legislative amendments of SMA because it involves the question of revisiting the institution of marriage...The in-between measure could be that it recognises certain civil unions without giving it the same status as marriage and also has a different regime if they wish to adopt. Child Health experts will have to be considered. I think the Government as well as the Parliament may perhaps constitute a committee..."

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