Justice Kaul : I disagree with Justice Bhat that the Special Marriage Act was enacted with the sole objective of heterosexual marriages.
Justice Kaul : I agree with the hon'ble CJI
Justice Kaul : I agree with the judgment of CJI. It is not res integra for a constitutional court to uphold the rights and the court has been guided by the constitutional morality and not social morality. These unions are to be recognized as a union to give partnership and love.
Justice Kaul : Same-sex relationships have been recognized from antiquity, not just for sexual activities but as relationships for emotional fulfilment... I have referred to certain Sufi traditions...
Justice SK Kaul starts reading out his judgment.
CJI : The Union Govt, State Govts and UTs shall not discriminate against the right of the queer community to enter into union.
CJI : We record the statement of the Solicitor General that the Union Government will constitute a committee to decide the rights and entitlements of persons in queer unions.
CJI : The committee shall consider the following - include queer couples as family in ration cards, enabling queer couples to nominate for joint bank account, rights flowing from pension, gratuity etc..
CJI : Right to enter into union cannot be restricted on the basis of sexual orientation.
CJI : Transgender persons in heterosexual relationships have the right to marry under the existing laws including personal laws.
CJI : Unmarried couples, including queer couples, can jointly adopt a child.
CJI : Failure of State to recognize the bouquet of rights flowing from a queer relationship amounts to discrimination.
CJI : The Union Govt, State Govts and UTs shall not discriminate against the right of the queer community to enter into union.
CJI : Unmarried couples, including queer couples, can jointly adopt a child.