Today, in the recent ruling from the Supreme Court of India concerning same-sex marriage, the Chief Justice DY Chandrachud declared that a transgender man has the right to marry a woman, and likewise for a transgender woman to marry a man.  However, he said the directions do not result in the creation of an institution. 

“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 said.

“Contrary to Justice Bhat's judgment, directions in my judgment does not result in the creation of an institution, rather they give effect to the fundamental rights under Part 3 of the Constitution," he said. 

“If a transgender person wishes to marry a heterosexual person such marriage will be recognized as one would be man and another would be woman, transgender man has the right to marry a woman, transgender woman has the right to marry a man and transgender woman and transgender man can also marry and if not allowed it will violate the transgender act," the apex court announced. 

During the Course of hearing, he also mentioned about the Doctrine of separation of power.

Further added, separation of power can't stop courts from enforcing fundamental rights. This court can't make laws but can enforce laws," the CJI said, adding that Homosexuality isn't an urban elitist concept. 

Chief Justice Chandrachud emphasized that characterizing marriage as a static and immutable institution. He also pointed out that if the Special Marriage Act were to be invalidated, it would effectively regress the country to a time before Independence.

“Right to enter into an union must lead to a recognition by the State for fulfillment of such a right," DY Chandrachud said. 

The Chief Justice also issued a directive to Police officials, urging them not to subject LGBTQ+ couples to harassment and prevent them from being compelled to return to their families. He stipulated that a preliminary inquiry should be conducted before filing a First Information Report (FIR) against a queer couple in relation to their relationship.

Click here to download/view the Judgment