CJI : Differentia between married couples and unmarried couples has no reasonable nexus with the objective of CARA - the best interests of the child.
CJI : JJ Act does not preclude unmarried couples from adopting. The Union of India has not proved that precluding unmarried couples from adopting is in the best interest of the child. So CARA has exceeded its authority in barring unmarried couples.
CJI coming to the aspect of adoption rights now.
CJI : This court has recognized that queer persons cannot be discriminated upon. Material benefits and services flowing to heterosexual couples and denied to queer couples will be a violation of their fundamental right.
CJI : A transgender person is in a heterosexual relationship, such a marriage is recognized by the law. Since a transgender person can be in a heterosexual relationship, a union between a transman and a transwoman or vice versa can be registered under SMA.
CJI : Gender of a person is not the same as their sexuality.
CJI : All persons, including queer persons, have the right to judge the moral quality of their lives. The meaning of liberty is the ability to be who one wishes to be.
CJI : Choosing a life partner is an integral part of choosing one's course of life. Some may regard this as the most important decision of their life. This right goes to the root of the right to life and liberty under Article 21.
CJI : Right to enter into a union is also grounded in Article 19(1)(e).
CJI : For the full enjoyment of such relationships, such unions need recognition and there cannot be denial of basic goods and services. The state can indirectly infringe upon freedom if it does not recognize the same.