CJI : Transgender persons in heterosexual relationships have the right to marry under the existing laws including personal laws.
CJI : Right to enter into union cannot be restricted on the basis of sexual orientation.
CJI : Failure of State to recognize the bouquet of rights flowing from a queer relationship amounts to discrimination.
CJI : This Court cannot strike down Special Marriage Act or read words into the SMA due to the institutional limitations. The Court cannot read words into allied laws like the Succession Act as it would amount to legislation.,
CJI's conclusions :
A. This Court has the power to hear the case.
B. Queer is a natural phenomenon known to India from ages. It is neither urban or elitist.
C. Marriage is not static.
CJI : Police should conduct a preliminary enquiry before registering an FIR against a queer couple over their relationship.
CJI DY Chandrachud : There shall be no harassment to queer community by summoning them to police station solely to enquire about their sexual identity.
Police should not force queer persons to return to their natal family.
CJI : No person shall be forced to undergo any hormonal therapy.
CJI : (3) Sensitise public about queer rights. (4) create hotline for queer community. (5) Create safe houses for queer couple. (6) Ensure inter-sex children are not forced to undergo operations.
CJI DY Chandrachud : I will read out my directions. The first part of my directions are to end discrimination.
A . The Union Govt, State Govts and UTs are directed to (1) queer community is not discriminated against.
(2) there is no discrimination in access to goods and services.