The Chief Justice has been in minority in 13 important decisions…
New Delhi :
Recently, the Supreme Court gave a historic verdict regarding gay marriage, which was a topic of discussion in the country and abroad. Chief Justice DY Chandrachud stood by his recent decision in the marriage equality case, saying that the Chief Justice has been in the minority in 13 important decisions. He was speaking at the third Comparative Constitutional Law discussion on ‘Perspectives of the Supreme Courts of India and the United States’ organized by Georgetown University in Washington, DC yesterday.
On the Supreme Court’s October 17 decision, the Chief Justice said, “I believe that sometimes it is a vote of conscience, and sometimes it is a vote of the Constitution. And I stand by what I have said.”
All the judges of the five-judge Constitution bench agreed that changing the laws to bring about marriage equality would amount to encroachment on the domain of the legislature. However, there was disagreement on the question of equal civil rights and adoption rights. Chief Justice Chandrachud and Justice SK Kaul were in favor of recognizing homosexual relationships. The majority of the bench took a different view, with Justice S Ravindra Bhat saying he disagreed with the court directing the state to provide a new legal framework to formalize such relationships.
The Chief Justice also stood by the Supreme Court’s decision to leave the decision on marriage equality to Parliament. The Chief Justice said, “The power to make changes in the marriage law falls within the jurisdiction of Parliament. By the unanimous decision of all five judges of the bench, we come to the conclusion that we have made a significant difference in the legality of decriminalizing homosexuality and providing protection to the gay community.” “A lot of progress has been made in recognizing people as equal participants in our society, but this needs to be legislated.”
The Chief Justice had said in his judgment that choosing a life partner is an integral part of choosing the direction of one’s life. He said, “Some people may consider this the most important decision of their life. This right goes to the root of the right to life and liberty under Article 21.”
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