SC implicitly contemplated ‘stable, marriage-like relationships’ between same-sex persons while decriminalising homosexuality

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Chief Justice of India D.Y. Chandrachud on April 20 said the moment the Supreme Court gave a rainbow of hope to the LGBTQIA+ community by decriminalising homosexuality in 2018, it had implicitly contemplated that stable, marriage-like relationships could exist between same-sex persons who do not treat their bond as chance encounters..

The moment we said homosexuality is no longer an offence under Section 377 [of the Indian Penal Code], we necessarily contemplated that there could be a stable, marriage-like relationship between two persons who do not treat these as chance encounters but as something more than that....

That for them it is not just a physical relationship, but something like a stable emotional relationship, Chief Justice Chandrachud observed during the third day of the Constitution Bench hearing of petitions seeking legal recognition of same-sex marriages...

Therefore, by decriminalising homosexuality, we have not just recognised fleeting relationships between consenting adults of the same gender, we have also recognised implicitly the fact that people who are of the same sex would be in stable relationships, Chief Justice Chandrachud said.. Justice Bhat indicated that the concept of marriage was not cast in stone...

It is within the remit of the appropriate legislature, as the elected representatives of the people, to define it, recognise it and regulate it and the choice not to recognise same-sex marriage is simply a facet of the legislative policy, the affidavit has said...

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