Justice Bhat : This is not to say that unmarried or non-heterosexual couples can't be good parents.. ..given the objective of section 57, the State as parens patriae has to explore all areas and to ensure all benefits reach the children at large in need of stable homes.
Justice Bhat : We agree with the CJI on the right of transgender persons in heterosexual relationships to marry as per existing laws.
Justice Bhat : We disagree with the CJI on the right of queer couples to adopt and we voice certain concerns.
Justice Bhat : Addressing these concerns mean a range of policy choices and involving multiple legislative architecture. On May 3, Solicitor General said that a High Powered Commitee will be formed by the Union to examine these aspects.
Justice Bhat says that denial of benefits such as a PF, ESI, pension etc to queer partners may have an adverse discriminatory effect.
Justice Bhat : A gender neutral interpretation of the Special Marriage Act may not be equitable at times and can result in women being exposed to vulnerabilities in an unintended manner.
Justice Bhat : If Section 4 is to be read in a gender-neutral manner, the interplay of other provisions will lead to anomalous results, rendering the Special Marriage Act unworkable.
Justice Bhat : All queer persons have the right to choose their partners. But State cannot be obligated to recognize the bouquet of rights flowing from such a Union. We disagree with the CJI on this aspect.
Justice Bhat says Court cannot create a legal framework for queer couples and it is for the legislature to do as there are several aspects to be taken into consideration.
Justice Bhat : There are difficulties in creating through a judicial diktat a right to civil union.
Justice Bhat : When transport is not a right can a person approach court for the construction of a network of roads?
Justice Bhat : For example, the limited liability partnership was not recognized until a law was enacted recently. Court could not have compelled the State to create a law to recognize such an association.