Nagpur: As the Supreme Court on Tuesday refused to legalise same sex marriage and left it to Parliament to decide on the issue, Nagpur Today reached out to the legal expert and city’s renowned advocate Shyam Dewani to share his views.
Sharing his take, Advocate Shyam Dewani said that courts can order for enforcement of rights as per the statutes / law enacted. He stated that court cannot create a legal framework for queer couples and it is for the legislature to do as there are several aspects to be taken into consideration.
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He added that all queer persons have the right to choose their partners. But State cannot be obligated to recognize the bouquet of rights flowing from such a union.
“Consistent with the statement made to the Court, the Union will set up a High Powered Committee to examine the rights and benefits to queer couples”, he said.
Dewani also liked it to the example of road conditions questioning, “when transport is not a right, can a person approach court for the construction of a network of roads?”
In a candid expression towards the SC Ruling, Nagpur HC lawyer, Adv. Pankaj Asuraj Jibhkate told Nagpur Today, “In a hugely diversified country like India there will always be varying degrees of agreement and disagreement on how far the Court can grant the right of marriage of the LGBTQIA++ community. The court can’t make law but only interpret it and it is for Parliament to change the Special Marriage Act. The court observed that the ability to choose a life partner goes to the root of the right of life and liberty under Article 21.”
“I would say the Court indirectly hinted that nobody can be stopped from choosing a partner of his or her choice by any law as “Law of Nature” itself permits them to do so. Though the Supreme Court refused to give marriage equality rights to the LGBTQIA+ community in India but it seems they also tried to narrow down the gap in society by directing the Center to take steps in that direction,” Adv. Pankaj Asuraj Jibhkate told Nagpur Today.
Senior Advocate Ravi Pande said, “I welcome to the verdict of supreme court. It’s true court can’t make/amend any law.”
Nagpur Today also spoke with few other members concerned over the verdict.
Speaking to Nagpur Today, Anand Chandrani, Founder of Sarathi Trust, which works for LGBTQ rights, expressed his disappointment over the SC’s verdict and stated that he was anticipating a positive verdict from the bench. He also shed light on why the LGBTQ community is not at the center of Indian politics.
Mohini, one of the members from the LGBTQ community, walked us through the journey of the community after the abolition of Article 377.
Watch Video Here:
