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Октябрь
2023

Four SC verdicts on same-sex marriage made critical analyses of dissenting views

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The five-judge bench of the Supreme Court unanimously refused to legalize same-sex marriage in four concurrent verdicts. They differed on issues like the applicability of adoption rules for queer couples. The Chief Justice D Y Chandrachud refused to accord legal recognition to same-sex marriage, stating there was "no unqualified right" to marriage except those recognized by law. The bench wrote four separate judgments, with three judges differing with the views expressed by the Chief Justice and Justice Kaul. The Chief Justice criticized the narrow understanding of fundamental rights expressed by Justice Bhat and referred to previous judgments that recognized the duty of the state to enable the exercise of rights by the transgender community.



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