SC verdict on same sex marriages

Subject : Polity

Section: Constitution

Context: A five-judge bench headed by Chief Justice of India DY Chandrachud has pronounced the verdict on marriage equality today.

More about the news:

A five-judge Supreme Court bench, led by Chief Justice DY Chandrachud, issued a unanimous ruling against legalizing same-sex marriage in India, also rejecting civil unions for non-heterosexual couples in a 3:2 verdict.
They stated that Parliament should decide on the issue, emphasizing the inability of the court to alter provisions or interpretations of the Special Marriage Act.
The petitions aimed for a gender-neutral reading of the Special Marriage Act to include same-sex marriages, but the majority view was that there is no fundamental right to marry.
The court deliberated for ten days in April and May, considering various arguments related to equality, privacy, legal rights, and the impact on children.
Opponents included the Central government, the NCPCR, and the Jamiat-Ulama-i-Hind.

What is Special Marriage Act:

The Special Marriage Act of 1954 (SMA) provides an alternate route to religious laws for marriage.
It governs a civil marriage where the state sanctions the marriage rather than the religion.

Who can get married under the Special Marriage Act:

The applicability of the Act extends to the people of all faiths, including Hindus, Muslims, Sikhs, Christians, Sikhs, Jains, and Buddhists, across India.
The minimum age to get married under the Special Marriage Act is 21 years for males and 18 years for females.

What are the provisions of Special Marriage Act:

As per Section 5 of the Act, the parties to the marriage are required to give a notice, in writing, to a “Marriage Officer” of the district in which at least one of the parties has resided for at least 30 days immediately preceding the notice.
The parties and three witnesses are required to sign a declaration form before the Marriage Officer.
Once the declaration is accepted, the parties will be given a “Certificate of marriage” which is essentially proof of the marriage