SC Rejects Review of Order on Same-Sex Marriage + SSC_CGL?.ToString()?? SSC_CGL?.ToString()+" Current Affairs";

Why in the News?
The Supreme Court of India has dismissed petitions seeking a review of its October 17, 2023 ruling, which had rejected the plea for legal recognition of same-sex marriages.
Key Takeaways
1. Supreme Court’s Ruling
Five-Judge Bench Decision:
The bench comprising Justices B R Gavai, Surya Kant, B V Nagarathna, P S Narasimha, and Dipankar Datta found no apparent error in the 2023 ruling that denied legal recognition to same-sex marriages.
Institutional Limitations:
The Court cited its institutional limitations, stating it cannot amend or strike down provisions of the Special Marriage Act (SMA), 1954.
Parliament’s Role:
The decision leaves it to Parliament to legislate on the issue.
2. Special Marriage Act (SMA), 1954
The SMA provides a legal framework for civil marriages across religions, but it currently does not recognize same-sex unions.
The Court ruled there is “no unqualified right to marriage” and a same-sex couple cannot claim it as a fundamental right under the Constitution.
3. Civil Unions Debate
Minority View:
Former Chief Justice D Y Chandrachud and Justice (retired) Sanjay Kishan Kaul advocated for recognizing civil unions for same-sex couples.
A civil union offers legal rights similar to marriage but does not equate to marriage under personal law.
They argued that the right to civil union could be traced to Part III of the Constitution, placing a positive obligation on the State to recognize it.
4. Ethical and Legal Questions
Complexity of Legalization:
Legalizing same-sex marriage involves balancing constitutional rights with social and cultural traditions.
Marriage as an Institution:
Marriage in India is deeply intertwined with religious and societal norms, which makes redefining it contentious.
5. Broader Context
Global Trends:
Several countries have recognized same-sex marriages, reflecting a global shift toward inclusivity and equal rights.
India’s Learning Curve:
India can draw lessons from other nations on balancing tradition with constitutional rights.
Ethical Dimensions:
The denial of legal recognition raises questions about equality, dignity, and human rights of LGBTQIA+ individuals.
Do You Know?
In the 2023 ruling, the Constitution Bench (3-2 majority) unanimously declined to recognize same-sex marriages and civil unions.
Justices Chandrachud and Kaul supported civil unions as a step toward ensuring basic rights for same-sex couples.
Conclusion
The Supreme Court's decision underscores the institutional limitations of the judiciary in redefining marriage laws, while shifting the responsibility to Parliament. This ruling has reignited discussions on LGBTQIA+ rights, the need for inclusivity, and the balance between constitutional principles and societal values in India.