New Delhi: “Queer is a natural phenomenon known for ages. Homosexuality or queerness is not an urban concept or restricted to the upper classes of the society” stated the Supreme Court while delivering its much-anticipated judgment on pleas seeking legal validation for same-sex marriage on Tuesday.
The apex court also pointed out that it is incorrect to state that marriage is a static and unchanging institution.
Some of the salient points raised by the Supreme Court in its verdict include:
* 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.
* The right to enter into a union cannot be restricted on the basis of sexual orientation.
*The need to form part of family is a core part of the human trait and is important for self development.
*The right to enter into union includes the right to choose one’s partner and the right to recognition of that union. A failure to recognise such associations will result in discrimination against queer couples.
*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.
*It cannot be assumed that unmarried couples are not serious about their relationship.
*The Supreme Court 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.