AIMIM chief Asaduddin Owaisi said the Supreme Court has “upheld the principle of parliamentary supremacy” after a five-judge bench on Tuesday (October 18) unanimously declined to recognise same-sex marriage, ruling that it is for Parliament to decide.
“SC has upheld the principle of parliamentary supremacy. It is not up to the courts to decide who gets married under what law,” the Hyderabad MP said on social media platform X.
“My faith and my conscience say that marriage is only between a man and a woman. This is not a question of decriminalisation like in the case of 377, it is about recognition of marriage. It is correct that the state cannot extend it to anyone and everyone,” he added.
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The Supreme Court unanimously refused to accord legal recognition to same-sex marriage under the Special Marriage Act, ruling that it is within Parliament’s ambit to change the law to validate such union.
The top court, however, recognised equal rights for queer people and their protection, as it called for sensitisation of the general public about the LGBTQIA community.
Most political parties on same page
Most of the parties either chose to remain silent on the top court’s judgment or took a stance that it has to be studied in detail.
While opposing the pleas seeking recognition for same-sex marriage, the Centre had urged the apex court to leave the decision to Parliament, but individual leaders who support a legislation for it believe the government just wanted to kick the can down the road.
Without commenting on the verdict, the Congress said it has always stood in favour of protecting the freedoms, choices, liberties and rights of citizens.
Significantly, the Congress-ruled Rajasthan was among the few states which opposed the pleas for same-sex marriages. In its response to the Centre on the issue, the Rajasthan government said the public mood in the state appeared to be against it but added that if two same-sex people voluntarily decide to live together, it could not be termed wrong, Indian Express reported.
Senior Congress MP Shashi Tharoor said, “We know the ruling party is the least likely to do so. At least the court heard all the arguments on both sides. I doubt the BJP will even want the issue discussed in Parliament, let alone bringing a law.”
The RSS welcomed the verdict. “The Supreme Court’s decision on same-sex marriage is worth welcoming. Our democratic parliamentary system can seriously discuss all the issues related to this and take appropriate decisions,” Sunil Ambekar, Akhil Bharatiya Prachar Pramukh of the RSS, said in a post on X.
While the JD(U) said it was not in support of same-sex marriage, the SP and BSP said they were studying the judgment.
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Talking to The Indian Express, JD(U) spokesperson K C Tyagi said while no one was against anybody’s freedom, his party was not in support of same-sex marriage. He said the JD(U) will not stand in support if the government brings a Bill in Parliament.