Friday, March, 07,2025

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SC refuses to recognise same-sex marriage or civil unions, says it's for Parliament to decide

New Delhi: The Supreme Court on Tuesday refused to recognise the right of same-sex couples to enter into marriages or have civil unions and left it to the Parliament to decide the issue.
A five-judge Constitution bench unanimously said it cannot strike down the provisions of the Special Marriage Act (SMA) or read words differently to include non-heterosexual couples within its fold.
A bench of Chief Justice of India DY Chandrachud and Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and PS Narasimha refused to tweak the provisions of the Special Marriage Act even as the apex court declared that queer couples have a right to cohabit without any threat of violence, coercion of interference.
There were four judgements separately authored by the CJI and Justices Kaul, Bhat and Narasimha. While CJI and Justice Kaul have the same opinion, Justices Bhat, Narasimha and Kohli have agreed with each other.
The majority judges by 3:2 held that non-heterosexual couples cannot be granted the right to jointly adopt a child. However, CJI and Justice Kaul said that these couples have the right to jointly adopt a child.
Regulation 5(3) of the Adoption Regulations as framed by the Central Adoption Resource Authority (CARA) is violative of Article 15 of the Constitution for discriminating against the queer community, the minority verdict said.
While the minority judges batted for legal recognition of civil unions for non-heterosexuals, the majority held that there cannot be a right to civil unions that can be legally enforceable.
All the five judges agreed that there is no fundamental right to marry.
The minority judges said that Centre, States, and Union Territories shall not bar queer people from entering into unions to avail of the benefits of the State. The majority verdict said that the entitlement to civil unions can be only through enacted laws and courts cannot enjoin such creation of a regulatory framework.
However, they were unanimous in the creation of a high-powered committee proposed by the Centre in May to examine the concerns of queer couples and moot certain corrective measures.
The three judges said that queer persons are not prohibited from celebrating their love for each other, and they have the right to choose their own partner and they must be protected to enjoy such rights.
"There is no unqualified right to marriage except as it is recognised under the law. Conferring legal status to the civil union can only be through enacted law. These findings will not preclude the right of queer persons to enter into relationships. The challenge to the Special Marriage Act on the grounds of under-classification is not made out. Transsexual persons in homosexual relationships have the right to marry. The state shall ensure queer persons are not harassed," said Justice Bhat in the verdict authored by him.
The verdict of the apex court came on a batch of petitions seeking the right to marriage for members of the LGBTQIA+ community under the Special Marriage Act, of 1954.
Following a marathon hearing that lasted ten days of arguments from both sides in March and April, the Constitution bench on May 11 reserved its verdict on the pleas.
The petitioners before the apex court included same-sex couples, rights activists, social workers and organisations.
While pronouncing the judgement, CJI said that homosexuality or queerness is not an urban concept or restricted to the upper classes of society.
"It is not an English-speaking man with a white collar man who can claim to be queer but equally a woman working in an agricultural job in a village. To imagine queer as existing in urban spaces would be like to erase them and it is to mix urban with elite. Queerness can be regardless of one's caste or class or socio-economic status," added CJI.
On adoption of children by queer couples, CJI said it cannot be assumed that unmarried couples are not serious about their relationship.
"There is no material on record to prove that only a married heterosexual couple can provide stability to a child. Thus the regulation (of CARA) is held to be violative of the queer community," said the CJI.
Thus, CJI passed certain directions saying no person shall be forced to undergo any hormonal therapy, there shall be no harassment to the queer community by summoning them to police station solely to enquire about their sexual identity, Police should not force queer persons to return to their natal family, Police should conduct a preliminary enquiry before registering an FIR against a queer couple over their relationship.
He further added that the Union government and State must ensure there is no discrimination against the queer community, and there is no discrimination in access to goods and services for queer community.
CJI asked to sensitise the public about queer rights, the government to create a hotline for the queer community, government to create safe houses for queer couples, government to ensure inter-sex children are not forced to undergo operations.
He added that the right to enter into a union cannot be restricted on the basis of sexual orientation, transgender persons in heterosexual relationships have the right to marry under the existing laws including personal laws and unmarried couples, including queer couples, can jointly adopt a child.
Whereas, Justice Bhat differing in his opinion from the CJI said that the Court can't put the State under any obligation when there is no constitutional right to marry or legal recognition of unions among non-heterosexual couples.

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Daily Astro

07-03-2025

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Aries

Ganesha says it will be an important day for you, Aries. Your energy and confidence are ready to take you to new heights. Today you will be able to express your thoughts with clarity, which will increase your communication skills. New opportunities may arise in the working areas, which you have to be ready to take advantage of. In social life, you can make new meetings, which will prove beneficial for you in the future. This day will be good for solving family issues, and you will be able to establish better relations with your close ones. In the field of health, take care of your routine and resort to yoga or meditation to relieve mental stress. Controlling your expenses will be a smart move, as any sudden financial need may arise. Overall, this day is for you to stay positive, just use your insight and energy properly.

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Pisces

Ganesha says it is going to be a positive day for you. Your sensitivity and intuition will flourish today, allowing you to establish better connections between yourself and others. It is time to connect with someone or refresh old memories. Try to communicate with people close to you, as it will strengthen your relationships. In the field of work, your creativity will be cyclical today. If you are working on a project, your ideas will be new and full of innovation. Do not be afraid to share your ideas, it will give you positive feedback from your colleagues. In terms of financial condition, avoid any big investments. Small expenses will prove to be justified but think well before making any big decisions for the long term. In terms of health, focus on a balanced diet and regular exercise. For mental health, practicing meditation or yoga will help keep you stress-free.

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Aquarius

Ganesha says new opportunities are likely to open up for you. You will be in a position to take your creative abilities to new heights. This is the time to share your ideas and make new plans. Your friends and family will support your ideas, so it will be beneficial to take their advice into account. Positive changes are possible in business. This is the right time to work on an important project. You will get an opportunity to use your skills and knowledge properly. But, be careful; in some cases, you will need to control your emotions. In personal life, relationships will deepen. You will try to spend more time with your loved ones. This is a good time for love and companionship. Enjoy emotional moments that will make your relationships stronger. Be health conscious. Dedication to yoga and meditation will give you mental peace. These activities will keep not only your body but also your mind active. Overall, today will be full of possibilities for you. Stay committed to your dreams and work on them.

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Capricorn

Ganesha says your day is full of some new possibilities. You will experience grace and stability in your actions. This is the time to focus on your goals and work with determination to pursue your plans. You are likely to get success in your work, especially if you maintain your hard work and dedication. Positive changes can also be seen in your relationships. You will get a chance to spend time with family and listen to them, which will increase mutual understanding and depth. Focus on communication, as it will make your relationships stronger. However, it is also time to make monthly plans. Take care of your financial matters and try to save. This is the time when you can take concrete steps for your future. Your health condition is likely to remain normal but take some rest. Maintaining a mental balance will be important for you. Stay positive and keep faith in your actions!

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Sagittarius

Ganesha says today will be full of new possibilities and positive energy for you. You will feel a rise in your confidence, which will keep you open to new opportunities. This is the right time to make an important decision. Your spirituality and intuition will be strong, which will enable you to understand and face difficulties. Spending time with friends and family will awaken a sense of happiness and satisfaction in your mind. Relationships with colleagues at work can take a new direction. Cooperation and communication will help solve problems. If you face an obstacle or challenge, remember that you can overcome it. In terms of health, you may need to make a little improvement in your routine. Regular exercise and a balanced diet will give you freshness and energy. Strengthening social relationships and contacting new people will also be beneficial today. This is the time for self-growth and positive change for you, so recognize the energy within you and use it properly.

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Scorpio

Ganesha says today will be full of enthusiasm and energy. You will move towards achieving your goals, and your hard work will pay off. Social life will also be active; you will get a good chance to spend time with friends and family. In terms of health, take a little caution. Focusing on meditation and exercise will help reduce mental stress. This is also a good time to take up a new hobby, which can unleash your creativity. Take wise steps in terms of money. Make informed decisions while investing. For potential financial gains, take a look at past projects again. Your career is showing good signs of progress. Your ideas may be appreciated at the workplace, which will increase your confidence. Still, some issues may require restraint. Overall, today will prove to be positive and auspicious for you. Spend it with pride with your loved ones.

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Libra

Ganesha says today will be a very auspicious and positive day. You will get a chance to clarify your thoughts, which will bring stability to your personal and professional relationships. Your communication skills will increase, and this will open the doors of new possibilities for you. Your creativity and aesthetic sense will be especially strong today. If you are associated with any art or design, your work will be appreciated. This is the right time to express your feelings. If you are confused about a decision, trust your intuition; it will show you the right path. In terms of health, small changes can make your life better. Focus on regular exercise and a balanced diet. In love and relationships, a new understanding will develop, which will strengthen the mutual bond even more. Overall, this day is a sign of positive changes and new beginnings for you. Stay focused on your goals and recognize your inner strengths.

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Virgo

Ganesha says today is a suitable day to highlight your cognitive abilities and business skills. Today, you will be full of clarity and precision in your actions, which will increase your value among your colleagues and superiors. There is a possibility of bringing some changes to your routine, which will bring positive results for you. This is a good time to improve relations with family members. Try to resolve any old disputes, and keep communication open. In terms of health, meditation and yoga will bring mental peace. Also, take some time out of your routine for exercise. From a financial point of view, this is the right time to make a good plan for the right investment. Take a good look at the options available to you and make a wise decision. Overall, today will prove to be a day of new possibilities and positive changes for you. Be full of confidence and stay focused on your goals.

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Leo

Ganesha says today will be a day full of energy and inspiration. Your confidence will increase and your thoughts will come out with clarity. On this day, you will be able to see some new possibilities in your career, which will bring you hard work. Mutual understanding and harmony will increase your relationship, which will create a happy atmosphere among the family. This is a great time to express your thoughts clearly, so do not hesitate to communicate with your partner or friends. It is important to be health conscious, a little exercise and meditation will maintain your mental and physical health. Overall, this day will bring activity and positivity for you, so make the most of all the opportunities!

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Cancer

Ganesha says it will be a day of information and communication for you. Your mind will be full of ideas and you will be able to express your ideas well. There is a possibility of some new opportunities in professional life, which can prove beneficial for you. It is a good time to strengthen relationships with your colleagues, so work together at the workplace. Your emotional state will also be strong. Time spent with family will give you satisfaction. If you have any old problem going on, then the right time is coming to solve it. However, you need to keep your emotions under control, so that you do not get agitated over small things. In terms of health, try to practice yoga and meditation. It will empower you both mentally and physically. Take informed decisions in financial matters; do not rush into any investments. In summary, this day will be all about communication and cooperation, which will lead to positive changes for you.

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Gemini

Ganesha says there will be a new energy and freshness in your thoughts, which will make your personality even more attractive. Social contacts are likely to increase, which will expand your network. You will be inspired to spend blissful time with your friends and family. Some positive changes can also be seen in the business sector. The results of your hard work will gradually start coming, and this will motivate you to move forward. Keep in mind that while sharing your ideology, work with empathy, this will strengthen your relationship with colleagues. It is important to be health conscious. A little attention and relaxation will give you mental freshness. Practicing yoga or meditation will be beneficial for you. This day will be full of positivity and new possibilities for you. Express your mind openly and do not hesitate to adopt new ideas.

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Taurus

Ganesha says it will prove to be a positive day for you, Taurus. You will feel energetic and full of confidence. The time has come to reap the fruits of your hard work and efforts. The workload may stress you for a while, but you will face all the challenges recognizing your strengths. Sweetness will also remain in your relationships. Spending time with your family and friends will be a source of joy for you. Conversation with someone special can give you a new vision and promote mutual understanding. A special occasion may be organized among friends or family, which will bring happiness and harmony to you. Moments spent with loved ones will give you mental peace. It is important to be health conscious. A little exercise or yoga will give peace to your mind and energy to your body. Your day will be full of happiness and positivity, just keep your thoughts and emotions balanced.

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07-03-2025