Keywords-Same-sex marriage, association, marriage, opposition
Former Supreme Court Judge Justice Kurian Joseph has expressed his strong opposition to the concept of same-sex marriage.
During the India Today Conclave South 2023, Justice Joseph, along with retired Supreme Court Judge Justice Jasti Chelameswar, shared his views on the same-sex marriage case.
Justice Joseph firmly believed that marriage is a union between a man and a woman for procreation and recreation, while same-sex relationships can be seen as associations or friendships. He emphasized that same-sex marriage should not be considered a fundamental right and that it affects the fundamental unit of society. Regarding the jurisdiction of the Supreme Court in hearing the matter, Justice Joseph clarified that the primary duty of the court is to check the legality of legislation and laws, ensuring compliance with the Constitution.
Currently, there is no specific law in India that either bans or recognizes same-sex marriage. Criticism has been raised against the top court hearing the case, as it is seen by some as the judiciary stepping into the legislative arena.
Justice Chelameswar highlighted the rhetorical nature of the “lakshman rekha” (boundary) between the executive and judiciary, suggesting that its perception changes depending on those in power.
The verdict on the legal recognition of same-sex marriages is awaited, as the constitution bench of the Supreme Court, headed by Chief Justice DY Chandrachud, reserved its decision on the matter on May 15.
Written by- Anjali Sudha, College name – Haridev law college,Kashipur, Semester- 6th Sem an intern under Legal Vidhiya
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