Announcing the much-awaited verdict in the marriage equality matter, CJI DY Chandrachud said that the marriage of a transgender person who is in a heterosexual relationship is recognized by the law.
He added that since a transgender person can be in a heterosexual relationship, a union between a transman and a transwoman or vice versa can be registered under the Special Marriage Act.
CJI Chandrachud said a failure to recognize unions would result in discrimination against queer couples. The state can indirectly infringe upon freedom if it does not recognize the same, he added.
CJI DY Chandrachud said: "Humans live in complex societies... our ability to feel love and connection with one another makes us feel human. we have an innate need to be seen and see. the need to share our emotions make us who we are. these relationships may take many forms, natal families, romantic relationships etc.. the need to form part of family is core part of the human trait and is important for self development For the full enjoyment of such relationships... such unions need recognition and there cannot be denial of basic goods and services. The state can indirectly infringe upon the freedom if it does not recognize the same. there may be reasonable restriction on the right.. but the right to intimate association needs to be unrestricted. tangible benefits of marriage is traceable to contents of law. The freedom to choose a partner and to enter into relationship and an intimate relationship will be otiose if state does not recognise the same and not having a bouquet of benefits otherwise there will be systemic discrimination. the committee proposed by SG Mehta will look at benefits meant for queer couples."
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