Supreme Court's Minority Ruling Supports LGBTQ Marriage and Adoption Rights

The LGBTQ community is entitled to marry and adopt children just like any heterosexual couple, according to the Supreme Court's minority ruling on Tuesday, which was written by Chief Justice D.Y. Chandrachud and Justice Sanjay Kishan Kaul.

The minority opinion has no legal force behind it, but it may be cited in subsequent court cases.

Although there is no explicit recognition of a basic right to marry in the Constitution, the minority ruling stated that many aspects of marriage, such as the right to life and personal liberty, as well as the right to human dignity, are manifestations of constitutional principles.

Aware of the constraints placed on judges by the fact that legislation supporting the LGBTQ community can only be passed by the legislature, the minority ruling noted that it was not possible for the court to either declare the Special Marriage Act unconstitutional or add language to it due to institutional constraints. When using its judicial review authority, the Court must avoid cases that are legislative in nature, especially when they affect policy.

The statement said, "The State has a legal duty to acknowledge these unions and provide them with benefits. One's ability to form a union cannot be limited because of their sexual orientation. A restriction of this kind would be against Article 15 (which forbids discrimination against citizens). Therefore, everyone is entitled to this freedom, regardless of their sexual orientation or gender identity.

It made clear that transgender people in heterosexual relationships are entitled to marry under current law, including personal laws that govern marriage; as a result, the State must enact appropriate legislation to guarantee that LGBTQ people can marry in accordance with the Constitution and enjoy rights to adoption and inheritance.

According to the minority opinion, in order for a pair to be eligible to adopt a child, the term "couple" in Regulation 5 of the Central Adoption Resource Agency (CARA) must encompass both married and single couples as well as LGBT couples.

Judge Kaul declared: "The freedom of queer individuals to enter into union with benefits under the law shall not be discriminated against by the Union government, state governments, or Governments of Union Territories."

The following guidelines were also offered by the minority judgment:

The following goals are pursued by the federal government, state governments, and governments of union territories:

1. Make sure that the LGBT community is not subjected to discrimination on the basis of their sexual orientation or gender identity.

2. Make sure that the LGBTQ community has equal access to public goods and services without facing discrimination.

3. Take action to educate the public about LGBT identity and emphasize that it is a natural state rather than a mental illness.

4. Provide hotline numbers that members of the LGBT community can use to report instances of harassment and violence.

5. Create and promote "safe houses," also known as Garima Grehs, in every area to offer refuge to LGBT people who are victims of abuse or prejudice.

6. Make sure that any "treatments" that physicians or other individuals provide with the intent to alter a person's gender identity or sexual orientation are immediately discontinued.

7. Make sure that children who identify as intersex are not coerced into having sex-specific surgeries, particularly when they are too young to understand or give their consent.

8. Acknowledge that everyone, including transgender people, hijras, and others with Indian sociocultural identities, self-identifies as either male, female, or trigender.