The Supreme Court on Tuesday gave adoption rights to unmarried couples, including queer couples.
Deivering its much-awaited verdict on the petitions seeking legal recognition for same-sex marriages, the Constitution Bench of Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul, Justice Ravindra Bhat, Justice PS Narasimha and Justice Hima Kohli passed the verdict on around 20 petitions.
The CJI said that there were four judgements, written by him, Justice Kaul, Justice Bhat and Justice Narasimha.
The CJI said there was a degree of agreement and a degree of disagreement on how far the Apex Court had to go.
He said he has dealt with the issue of judicial review and separation of powers. Doctrine of separation of powers means that each of the three organs of state perform distinct functions. No branch can function any others’ function, added the CJI.
The Apex Court said that the Union of India suggested that this Court will violate the doctrine of separation of powers if it determines the list. *But the doctrine of separation of powers does not bar the power of judicial review.
Justice Bhat said that queerness is neither urban nor elitist….However, he said he dId not agree with the directions issued by the Chief Justice of India.
Justice Bhat said he had the benefit of perusing the concurring opinion of Justice Narasimha and endorse it fully.
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