Justice Kurian Joseph, a former judge on the Supreme Court, has stated that he is in total opposition to the concept of same-sex marriage and that a union between two people of the same sex can only be considered an association and not a marriage.
At the India Today Conclave South 2023, Justice Joseph and another retired Supreme Court judge, Justice Jasti Chelameswar, spoke.
Justice Joseph responded, “hundred percent against same sex marriage,” when asked whether the Supreme Court should have heard the case of same-sex marriage.
“Marriage is a joining among man and lady. Other is a relationship. But the marriage is for having kids and having fun. The other is a union or association. I completely oppose same-sex marriage. It (gay connections) can be an affiliation.. own decision on living respectively as a companion, personal companion and so on. But once you get into the idea of marriage, things change. It is a fundamental component of society. Justice Joseph stated, “This impacts the issue’s underlying causes.”
He added that marriage is not a fundamental right.
Justice Joseph stated that, despite the fact that the Supreme Court has jurisdiction to hear the case, its primary function is to determine whether or not laws and other executive actions are in accordance with the Constitution.
“The essential obligation of the court is really look at lawfulness of the regulation or regulations set up. The former judge clarified, “It is difficult for the court to enter this domain unless that is there.”
As of now, there is no regulation either prohibiting or perceiving same-sex marriage.
As a result, numerous individuals have voiced their disapproval of the hearing before the highest court regarding the recognition of same-sex marriage, stating that the Court’s decision in this regard would amount to the judiciary entering the realm of legislature.
Justice Chelameswar went into more detail about how the lakshman rekha between the executive and judiciary is just rhetoric, and that those in power and those not in power perceive it differently.
“At the point when High Court gave a judgment in SR Bommai case, the ones who were not in power said it is an extraordinary established judgment. Therefore, all of this lakshman rekha talk is just talk. Just lakshman rekha I know is Constitution itself depicting capabilities to every organ has been finished,” said Equity Chelameswar.
In addition, Justice Chelameswar stated that convicts’ preferred appeals should be given top priority because they affect individuals’ individual freedom and liberty.
A constitution bench of the Supreme Court, led by CJI DY Chandrachud, reserved its verdict on a series of petitions requesting the legal recognition of same-sex marriages on May 15.
Name -Sandeep K. Pareek, BALLB(2nd sem.), RNB Global University intern under legal vidhiya
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