Context -

• A constitutional bench of five judges of the Supreme Court refused to give legal recognition to same- sex marriage, saying that it is the jurisdiction of Parliament. 
• Apart from this, with a majority of 3:2, the bench also did not accept their right to adopt a child.

 Main point -

• However, the Court also emphasized that homosexual persons have the right to choose their partner.
• Along with this, the court asked the Center to ensure that couples are not discriminated against in any way.
• For this, the court has suggested the Center to form a committee to comprehensively consider the issues related to the issue, which has been accepted.

 Points of agreement among 5 judges on the issue of same-sex marriage -

• The Special Marriage Act is not unconstitutional, the court cannot invalidate it.
• Transgender persons in heterosexual relationships have the right to marry under existing laws or personal laws.
• Marrying is not a fundamental right, the Constitution does not recognize the right to marry.
• It is beyond the court's authority to give legal recognition to same - sex marriages.
• All the judges included in the bench directed to form a committee to consider the rights of same-sex couples.
• The government should ensure that the choices made by same-sex couples are not interfered with and the LGBTQ+ community is enabled to exercise their rights.

 Effect of decision -

• With this decision, the Special Marriage Act-1954 has remained intact, in which only marriage between a 'man' and a 'woman' is allowed.
• On one hand, a large section of the country is considering it as the court's seal of approval on the fundamental concept of Indian culture and families.
• On the other hand, this decision of the Constitution Bench is not in favor of the same-sex community, which has left the community disappointed.
• When the Supreme Court decriminalized homosexuality by striking down Section 377 of the IPC and recognizing the sexual autonomy of a same-sex couples as an aspect of their fundamental right to privacy, these same-sex couples were given hope.

Exam useful important facts -

Section 377 of IPC -

• If any person goes against the laws of nature and has unnatural physical relations with any man, woman or animal, then it will be considered a crime.
• In this case, there was a provision of 10 years imprisonment and financial penalty.
• A five-judge bench had ruled on September 6, 2018, that Section 377, which criminalizes consensual unnatural sex, is irrational, unfeasible and clearly arbitrary.
• It has been partially canceled due to violation of the right to equality.
• Now only non-consensual homosexual relations will come under the category of crime.