The Supreme Court on Thursday said it is within the domain of the legislature to give legal recognition to same-sex marriages, but the court's objective in hearing the same-sex marriage case is to ensure that same-sex couples get social and other benefits, and legal rights without the label of marriage.
At least three judges of the constitution bench echoed the view during the hearing of petitions seeking recognition of same-sex marriage, which have been going on before the Supreme Corurt for the past two weeks. Chief Justice of India (CJI) DY Chandrachud, who heads the bench, said the bench was not at all inclined to go into marriage, but more on the right to live together and give legal recognition to two persons of the same sex.
The CJI said, "Once you recognise there is a right to cohabit.. and it may be symptomatic of a sustained relationship.. and once you say that right to cohabit a fundamental right, then it is the obligation of the state that all social impact of the cohabitation has a legal recognition.. we are not going into marriage at all”.
"Right to love, right to cohabitation, right to choose a partner, right to sexual orientation is a fundamental right, but there is no fundamental right to recognize that relationship as marriage or by any other name," the Solicitor General Tushar Mehta said.
CJI Chandrachud said the government was being forced to resolve the issue because if the judiciary entered this area, it would become a legislative issue.
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