Senior advocate and Rajya Sabha MP Mahesh Jethmalani has commented on the recent Supreme Court decision regarding same-sex marriage. He mentioned that while the court ruled against granting constitutional validity to same-sex marriages, it opened a new avenue by urging the Union Government to establish a high-level committee to explore all aspects related to same-sex marriage.
Jethmalani explained the court’s stance, stating that they acknowledged their limitation in conferring this right, emphasizing that it doesn’t derive from the Constitution but rather requires legal recognition, which can only be granted through legislation by Parliament and the Union Government.
The recent verdict was rendered by a five-judge Constitution bench, led by Chief Justice of India DY Chandrachud, in a 3:2 decision against providing constitutional validity to same-sex marriages. The court emphasized that the responsibility for creating laws on this matter rests with Parliament.
This decision had been eagerly awaited by activists and members of the LGBTIQA+ community, who hoped for a favorable ruling. However, there were also individuals who supported the Supreme Court’s decision, believing that legalizing same-sex marriage could disrupt the country’s social fabric.
