‘No fundamental right to marry’ will have foreboding, far-reaching consequences

The recent marriage equality judgment, sweeping off the right to marry from the table of constitutionalism, has cleared the way for State interference in individual liberties in many other ways.

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THE Supreme Court of India's long-awaited decision in the marriage equality case has cast a shadow of disillusionment and discontent.

While the Chief Justice of India (CJI) Dr D.Y. Chandrachud and Justice Sanjay Kishan Kaul advocated for civil unions as a means of granting non-heterosexual couples legal rights and protections akin to marriage, the majority contended that only an elected legislature possesses the authority to effect such changes.

It is essential to note the unanimous stance of all five judges, categorically denying the existence of a fundamental right to marry to all citizens, queer and otherwise.

More egregious still is the realisation that despite the court's acknowledgement of the glaring discriminatory impact wrought by the denial of marital rights to queer individuals, they conspicuously shirked their duty to forge a remedy, leaving us at the mercy of a legislature that is apathetic at best.

However, the significance of this finding goes beyond the question of marriage equality for queer people, potentially imposing limitations on every citizen's freedom to choose their life partner.

Denial of the right to marry

As the CJI rightfully notes, in Shafin Jahan versus Ashokan K.M., the Supreme Court precluded State encroachment into an individual's choice of partner under the framework of Article 21 in the context of inter-faith marriages.