Agra: In a landmark ruling, the Supreme Court of India has declined the appeal to legalise same-sex marriage, asserting that same-sex couples do not possess a fundamental right to marry.Maulana Mahmood Asad Madani, president of Jamiat Ulama-i-Hind (JUH) and a leading party in the case, welcomed the verdict. He said that the ruling reinforces the preservation of the traditional institution of marriage, which has been a fundamental pillar of our society for centuries. "It underscores the importance of upholding the moral and ethical principles that have long defined our cultural identity," he said.Maulana Madani also commended the court for maintaining a delicate balance between the protection of individual rights and the preservation of our cultural ethos in its judgment.Chief Justice DY Chandrachud pointed out that the matter fell beyond the courts jurisdiction and emphasised that the parliament should legislate on matters related to marriage.Recognising the complexity of the issue, the five-judge constitution bench highlighted that altering a single law would not suffice, as numerous other laws, including those related to religious personal laws, are intricately interconnected.The court also said that it does not possess the authority to legalise same-sex marriages or amend the provisions of the Special Marriage Act, which was specifically designed to facilitate inter-caste and inter-faith marriages. It was suggested that the decision to permit same-sex marriage should be left to the legislature or parliament. However, it was also stressed that the state should ensure certain legal protections for same-sex couples to prevent the violation of their fundamental rights.The public interest case, comprising over 18 petitions, received significant attention during the live-streamed hearings to ensure transparency. Chief Justice Chandrachud was joined by Justices Sanjay Kishan Kaul, Ravinder Bhatt, Hima Kohli, and PS Narasimha on the five-judge bench.We also published the following articles recentlyFive-judge SC bench refuses to grant legal recognition to same-sex marriageThe Supreme Court of India has refused to grant legal recognition to same-sex marriages. The Chief Justice stated that it is the role of Parliament to change the Special Marriage Act, and that the court can only interpret laws, not make them. The court directed the government to ensure that the queer community is not discriminated against and to sensitize the public about queer rights. The Chief Justice also emphasized that queerness is a natural phenomenon and is not limited to urban or elitist settings.Supreme Courts same-sex marriage verdict: TimelineThe Supreme Court of India has refused to grant legal recognition to same-sex marriages, following a chronology of events that began with the decriminalization of consensual unnatural sex in 2018. Two gay couples had sought recognition of same-sex marriage under the Special Marriage Act, leading to the Supreme Court issuing a notice to the Centre. The case was eventually referred to a Constitution bench, which commenced hearings in April 2023, and the verdict was reserved on May 11. On October 17, the court refused to grant legal recognition to same-sex marriages.Same-sex marriage: Key points from Supreme Court verdictThe Supreme Court of India has delivered its verdict on the legality of same-sex couples. The court, led by Chief Justice D.Y. Chandrachud, stated that it cannot make law but can interpret it. It recognized that homosexuality and queerness are not limited to a specific class or caste. The court emphasized that the right to choose a life partner is fundamental and includes the right to marry and adopt. However, it stated that granting marriage rights to queer couples is a legislative decision. The court also declared that the circular prohibiting LGBTQIA+ couples from adopting a child is discriminatory and unconstitutional.

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