Jamiat welcomes SC verdict on same-sex marriage, says it reinforces institution of marriage

New Delhi: Muslim organisation Jamiat Ulema-e-Hind on Tuesday welcomed the Supreme Court's refusal to grant legal recognition to same-sex marriages, saying the order 'reinforces the preservation of the traditional institution of marriage.' A five-judge constitution bench of the Supreme Court Tuesday unanimously refused to accord legal recognition to same-sex marriage under the Special Marriage Act, ruling that it is within Parliament's ambit.

The top court, however, recognised equal rights for queer people and their protection, as it called for sensitisation of the general public against gays.

Jamiat Ulema-e-Hindi (Maulana Mahmood Madani faction) hailed the ruling as 'landmark' and noted that the court arrived at the decision after carefully examining the arguments presented by various social, governmental, and religious organisations.

In a statement, Madani welcomed the verdict and emphasised that the ruling reinforces the preservation of the traditional institution of marriage, which has been a fundamental pillar of our society for centuries.

'It underscores the importance of upholding the moral and ethical principles that have long defined our cultural identity,' Madani said.

The Jamiat chief commended the court for its judgement in 'maintaining a delicate balance between the protection of individual rights and the preservation of our cultural ethos.' The apex court, while passing four separate verdicts, was unanimous in holding that there is 'no unqualified right' to marriage, and same-sex couples can't claim it as a fundamental right under the Constitution.

The bench headed by Chief Justice D Y Chandrachud was critical of the Centre's stand that the pleas for legal validation of same-sex marriage was reflective of an urban elitist concept.

Queerness is neither an urban nor an elite concept or characteristic, said the apex court, which pronounced the verdicts on 21 petitions seeking legal sanction for same-sex marriages.

It, however, differed on certain aspects, especially on the applicability of adoption rules for queer couples.

The five-judge bench comprising the CJI, and Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and P S Narasimha concurred on the main issue that the court can't accord legal validation to same-sex marriage under the Special Marriage Act, and said the task has to be performed by Parliament.

However, Justices Bhat, Kohli and Narasimha, in two separate judgements, differed with the CJI and Justice Kaul on certain legal aspects.