No legal recognition for same-sex marriages, rules SC, leaves it to Parliament

News Network
October 17, 2023

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New Delhi, Oct 17: The Supreme Court on Tuesday passed judgement that it could not legally recognise same-sex marriages, after hearing a batch of pleas seeking legal sanction for the same. The apex court put the onus on the Parliament to frame the necessary laws.

The court ruled that the right to enter union cannot be restricted on the basis of sexual orientation.

"The Union Govt, State Govts and UTs shall not discriminate against the right of the queer community to enter into union", CJI D Y Chandrachud said.

"Failure of State to recognise the bouquet of rights flowing from a queer relationship amounts to discrimination", the court observed.

While adding "Transgender persons in heterosexual relationships have the right to marry under the existing laws including personal laws", the court continued that unmarried couples, including queer ones, can jointly adopt a child.

"This court cannot make law, it can only interpret it and give effect to it," the CJI said, while passing judgement. He had started by saying there were four judgements in the case, one from him, and the others from the Supreme Court bench hearing the matter.

"There is a degree of agreement and a degree of disagreement on how far we have to go", the CJI said.

He added, "Queerness can be regardless of one's caste or class or socio-economic status", leading up to the judgement.

The CJI continued that marriage as an institution has metamorphosed over time.

Chandrachud further said that if the apex court held "Section 4 of Special Marriage Act is unconstitutional because of being under-inclusive" it has to either strike it down or read it down.

The CJI noted "The right to enter into Union includes the right to choose one's partner and the right to recognition of that union", adding that "failure to recognize such associations will result in discrimination against queer couples."

The Solicitor General has already said that the Union would set out a committee to examine rights which can be conferred to such a couple.

The right to choose a partner goes to the very root of the right to life and liberty under Article 21, the CJI observed.

Stating that the gender of a person is the not the same as their sexuality, the CJI said "A transgender person is in a heterosexual relationship, such a marriage is recognised by the law. Since a transgender person can be in a heterosexual relationship, a union between a transman and a transwoman or vice versa can be registered under Special Marriage Act (SMA)."

The court also recognised that queer people cannot be discriminated against. The CJI said that material benefits and services that heterosexual couples get cannot be denied to queer couples, since that would be a violation of their fundamental rights.

Speaking on adoption rights, the CJI noted that neither can one assume unmarried couples are not serious about their relationship. He added, "There is no material on record to prove that only a married heterosexual couple can provide stability to a child."

Chandrachud also declared that stating only heterosexual couples can be good parents, is a violation of Article 15, since it is discriminatory.

"The CARA circular (which excludes queer couples from adoption) is violative of Article 15 of the Constitution", he said.

"CARA Regulation 5(3) indirectly discriminates against atypical unions. A queer person can adopt only in an individual capacity. This has the effect of reinforcing the discrimination against queer community", he added.

The CJI then directed the Union governments, state governments, and UTs to not discriminate against the queer community.

He also directed them to ensure no discrimination exists in access to goods and services.

Chandrachud added a few more directives including - sensitising public about queer rights, creating hotline for queer community, creating safe house for queer couples, ensuring inter-sex children are not forced to undergo operations, no person shall be forced to undergo hormonal therapy.

He also said queer community should not be harassed by being called to the police station to be asked about their sexual identity. The police cannot force queer couples to return to their natal families either, the CJI directed.

"Police should conduct a preliminary enquiry before registering an FIR against a queer couple over their relationship", he further said.

A five-judge bench including Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and PS Narasimha, and led by CJI D Y Chandrachud had begun hearing the matter from April 18.

The bench, after rigorous deliberation, reserved its judgement on May 11, 2023, setting the stage for a verdict that will greatly impact the LGBTQIA+ community in the world's largest democracy.

The apex court confined the case to the Special Marriage Act of 1954 and issued a clarification that it would not be dealing with personal laws or the Hindu Marriage Act. 

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News Network
November 26,2025

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Bengaluru, Nov 26: Karnataka is taking its first concrete steps towards lifting a three-decade-old ban on student elections in colleges and universities. Deputy Chief Minister D.K. Shivakumar announced Wednesday that the state government will form a small committee to study the reintroduction of campus polls, a practice halted in 1989 following incidents of violence.

Speaking at a 'Constitution Day' event organised by the Karnataka Congress, Mr. Shivakumar underscored the move's aim: nurturing new political leadership from the grassroots.

"Recently, (Leader of the Opposition in Lok Sabha) Rahul Gandhi wrote a letter to me and Chief Minister (Siddaramaiah) asking us to think about restarting student elections," Shivakumar stated. "I'm announcing today that we'll form a small committee and seek a report on this."

Student elections were banned in Karnataka in 1989, largely due to concerns over violence and the infiltration of political party affiliates into campus life. The ban effectively extinguished vibrant student bodies and the pipeline of young leaders they often produced.

Mr. Shivakumar, who also serves as the Karnataka Congress president, said that former student leaders will be consulted to "study the pros and cons" of the re-introduction.

Acknowledging the history of the ban, he added, "There were many criminal activities taking place back then. We’ll see how we can conduct (student) elections by regulating such criminal activities."

The Deputy CM reminisced about his own journey, which began on campus. He recalled his political activism at Sri Jagadguru Renukacharya College leading to his first Assembly ticket in 1985 at the age of 23. "That's how student leadership was at the time. Such leadership has gone today. College elections have stopped," he lamented, adding that for many, college elections were "like a big movement" where leaders were forged.

The move, driven by the Congress high command's push to cultivate young talent, will face scrutiny from academics and university authorities who have, in the past, expressed concern that the return of polls could disrupt the peaceful academic environment and turn campuses into political battlegrounds.

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News Network
December 1,2025

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Udupi, Dec 1: A horrific case of alleged rape has unfolded in Udupi, where a worker from a Hindutva organisation, previously arrested and released on bail for harassing a young woman, is now accused of waylaying and sexually assaulting her.

The arrested individual has been identified as Pradeep Poojary (26), a member of the Hindu Jagarana Vedike's Nairkode unit in Perdur.

Poojary had allegedly been relentlessly harassing the young woman, pressuring her to marry him. When she bravely stood up to him and refused his demands, she filed a formal complaint at the Hiriyadka police station. He was subsequently arrested in that initial harassment case but was later granted bail.

According to police reports, driven by the same malicious grudge, Poojary allegedly intercepted the woman again on November 29. While she was walking through a deserted area, the accused is claimed to have threatened her by grabbing her neck. When she again refused to marry him, he allegedly proceeded to rape her.

The survivor immediately informed her family about the traumatic assault. Following this, her parents lodged a complaint at the Udupi women’s police station.

Police arrested Poojary again and produced him before the court. He has since been remanded to judicial custody.

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News Network
November 24,2025

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Israeli forces have pushed over the Syrian frontier, erecting a checkpoint and stopping vehicles in the southwestern city of Quneitra, in yet another breach of the Arab country’s sovereignty.

The violation took place on Sunday, when the troops made their way across the border, setting up the outpost near the Ain al-Bayda junction in northern Quneitra, Syrian outlets reported.

According to the al-Ikhbariya paper, an Israeli detachment positioned itself at the junction, halting cars and conducting searches.

The Syrian Arab News Agency (SANA) reported that three Israeli military vehicles then moved further into the northern countryside, deploying between the town of Jubata al-Khashab and the villages of Ofaniya and Ain al-Bayda. The agency added that a separate Israeli unit mounted a new incursion in the central region, approaching the villages of Umm Batina and al-Ajraf.

Residents said such activities have surged in recent months, pointing to Israeli advances onto farmland, leveling of extensive forested areas, arrests, and spread of mobile checkpoints.

The Israeli regime began markedly increasing its military aggression against Syria last year.

The escalation coincided with increasingly ferocious onslaughts throughout the country by the so-called Hay'at Tahrir al-Sham (HTS) Takfiri terrorist group, which the government of President Bashar al-Assad had confined to northwestern Syria. The HTS, however, managed to overthrow the government as the Israeli attacks would pummel the country’s civilian and defensive infrastructure.

Various reports have shown that, during the escalation, the regime conducted more than 1,000 airstrikes on the Syrian territory and over 400 ground raids into the south.

Following the collapse of the Assad government, Tel Aviv also widened its grip over the occupied Golan Heights by taking control of a demilitarized buffer zone, in defiance of a 1974 Disengagement Agreement. Earlier this month, senior Israeli officials, including Prime Minister Benjamin Netanyahu, visited the buffer zone, prompting expressions of alarm on the part of the United Nations.

The United States, the regime’s biggest ally, has, meanwhile, been fraternizing the HTS head Abu Mohammed al-Jolani amid the widely reported prospect of rapprochement with Tel Aviv.

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