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Supreme Court Refuses To Grant Marriage Equality Rights To LGBTQIA+ Community In India

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New Delhi: A five-judge Constitution bench of the Supreme Court on Tuesday refused to grant legal recognition to same-sex marriages.

Chief Justice of India D Y Chandrachud, who was heading the bench pronouncing its verdict on 21 pleas seeking legal validation for same-sex marriages, said the court can’t make law but only interpret it and it is for Parliament to change the Special Marriage Act. At the outset, Justice Chandrachud said there are four judgments — by himself, Justices Sanjay Kishan Kaul, S Ravindra Bhat and P S Narasimha — in the matter. Justice Hima Kohli is also a part of the five-judge bench.

Directing the Centre, states and Union Territories (UTs) to ensure the queer community is not discriminated against, the CJI, who is heading the constitution bench, said queer is a natural phenomenon known for ages and is neither urban nor elitist.

Justice Kaul said he agrees with the CJI on grant of certain rights to queer couples.

“Non-heterosexual and heterosexual unions must be seen as both sides of same coin,” he said, adding that legal recognition of non-heterosexual unions is step towards marriage equality.

Justice Bhat, who read out the operative portion of his verdict, said he agrees and differs with views of the CJI on certain points. Delivering his verdict on the critical issue, the CJI said it is for Parliament to decide whether there is need for a change in the regime of the Special Marriage Act.

“This court can’t make law. It can only interpret it and give effect to it,” he said.

Justice Chandrachud said the court has recorded Solicitor General Tushar Mehta’s statement that the Centre will form a committee to decide the rights and entitlements of persons in queer unions.

While reading out the operative portion of his verdict, he directed the Centre, states and UTs to take steps to sensitise public about queer rights and ensure that inter-sex children are not allowed sex-change operations at an age they cannot fully comprehend consequence.

CJI Orders Police To Conduct Initial Enquiry Before Filing FIR Against Queer Couple

The CJI directed the police to conduct preliminary enquiry before registering an FIR against queer couple over their relationship.

He said homosexuality or queerness is not an urban concept or restricted to the upper class. To imagine queer as existing only in urban spaces would be like erasing them and queerness can be regardless of one’s caste or class, Justice Chandrachud said. He said it would be incorrect to state that marriage is a “static and unchanging institution”.

Justice Chandrachud said the ability to choose a life partner goes to the roots of the right to life and liberty under Article 21 of the Constitution.

The right to enter into a union includes the right to choose a partner and its recognition, the CJI said, adding that failure to recognise such an association would be discriminatory. “All persons, including those queer, have right to judge moral quality of their lives,” he said.

The CJI said this court has recognised that equality demands that queer persons are not discriminated against. He said the law cannot assume that only heterosexual couples can be good parents as it would amount to discrimination against queer couples.

Adish Aggarwala, chairman of All India Bar Association spoke to the media shortly after the apex court pronounced the verdict. “I welcome the decision of the honourable Supreme Court in which they have not permitted the same-sex marriage,” said Adish Aggarwala, chairman of All India Bar Association, on the Supreme Court’s verdict on same-sex marriage.

SC’s 10-Day Marathon Hearing In May

On May 11, the bench reserved its verdict on the pleas after a marathon hearing of 10 days. During the arguments, the Centre had told the apex court that any constitutional declaration made by it on the petitions seeking legal validation for same-sex marriage may not be a “correct course of action” as the court will not be able to foresee, envisage, comprehend and deal with its fallout.

The apex court had commenced hearing arguments in the matter on April 18. The bench had made it clear during the arguments that it will not go into personal laws governing marriages while deciding the pleas seeking judicial validation for same-sex marriages and said the very notion of a man and a woman, as referred to in the Special Marriage Act, is not “an absolute based on genitals”.

Some of the petitioners had urged the apex court to use its plenary power, “prestige and moral authority” to push the society to acknowledge such a union which would ensure LGBTQIA++ lead a “dignified” life like heterosexuals.

LGBTQIA++ stands for lesbian, gay, bisexual, transgender, queer, questioning, intersex, pansexual, two-spirit, asexual and ally persons.

On May 3, the Centre had told the court it will constitute a committee headed by the cabinet secretary to examine the administrative steps that could be taken for addressing “genuine humane concerns” of same-sex couples without going into the issue of legalising their marriage.

On April 27, the court asked the Centre whether social welfare benefits such as opening joint bank accounts, nominating a life partner in provident fund, gratuity and pension schemes can be extended to same-sex couples without going into the issue of legal sanction to their marriage.

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Bakra Eid: UP Police on high alert, proactive measures in place to ensure communal harmony

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New Delhi, June 6: Ahead of Bakra Eid celebrations on Saturday, the Uttar Pradesh Police are on high alert, taking proactive steps to maintain communal harmony and ensure peaceful festivities across the state. Security arrangements have been tightened in districts like Meerut, Aligarh, Etawah, and Ghazipur with the deployment of the Rapid Action Force (RAF), Provincial Armed Constabulary (PAC), and Local Intelligence Unit (LIU) teams.

In Meerut, Senior Superintendent of Police (SSP) Vipin Tada said: “Meerut police are on alert for Bakra Eid. A control room has been set up for real-time monitoring. Both the SSP and the District Magistrate will oversee the operations. Central Peace Committee have been held with members of all communities. PAC, civil police, and LIU teams have been deployed for security arrangements. Social media activity is being closely monitored, and strict action will be taken against those spreading misinformation. Prayers in public places, sacrifice of banned animals, and open-air sacrifices are prohibited.”

In Aligarh, similar measures are being enforced.

Deputy Commissioner of Police (DCP) Mayank Pathak said: “We are making stringent security arrangements for Bakra Eid. Additional forces, including two companies of RAF and PAC, are being deployed. Personnel from various police stations and Circle Officers (COs) will also be present on the ground. Surveillance is being conducted to monitor criminal or mischievous activities. Drone cameras will be used to monitor key areas. Intelligence and LIU are providing moment-to-moment updates. Those posting inflammatory or objectionable content on social media will face strict action.”

In Etawah, the police have finalised their strategy for smooth celebrations.

SSP Brijesh Kumar Srivastava said: “We have convened a Central Peace Committee meeting involving key stakeholders from both communities. The district has been divided into zones and sectors, with responsibilities assigned to police personnel and magistrates. All officials will remain on patrol to ensure the festival is celebrated peacefully.”

In Ghazipur, Superintendent of Police Iraj Raja said: “During the Central Peace Committee meeting, clear instructions were given: sacrifices must not be carried out in open spaces, and prayers should not be offered in public areas. The sacrifice of banned animals is strictly prohibited. Anyone violating these guidelines will face action as per government directives. Security arrangements have been completed across both urban and rural areas. Magistrates and police officers will be deployed from the morning prayers until late at night to ensure the safety of the celebrations.”

Eid al-Adha, also known as Bakra Eid, Bakrid, Eid Qurban, or Qurban Bayarami, is one of the most significant festivals in Islam. Observed in the month of Zul Hijjah, the 12th month of the Islamic lunar calendar, it commemorates Prophet Ibrahim’s willingness to sacrifice his son in obedience to God.

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Rahul Gandhi meets family of ‘Mountain Man’ in Bihar

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Patna, June 6: Congress leader Rahul Gandhi visited Dashrath Nagar village in Gaya district on Friday as part of his outreach efforts in Bihar ahead of the Assembly elections.

During his visit, he met the family of the late Dashrath Manjhi, popularly known as the “Mountain Man” for single-handedly carving a path through a hill in Gehlor village to connect it with Wajirganj block in the district.

Rahul Gandhi was received warmly by Bhagirath Manjhi, son of Dashrath Manjhi, who welcomed him with traditional hospitality.

The Congress leader sat with the family, shared coconut water, and listened to their concerns, including their financial hardships.

According to sources, Bhagirath Manjhi also expressed his interest in contesting the upcoming Bihar Assembly election from the Bodh Gaya constituency, though no official announcement was made.

Following his meeting in Dashrath Nagar, Gandhi proceeded to Gehlor village, where he garlanded the statue of Dashrath Manjhi as a mark of respect.

He was accompanied by Bhagirath Manjhi and later departed for Rajgir to attend a scheduled programme.

Earlier in the day, Gandhi landed at Gaya Airport, where he was welcomed by Congress leaders and supporters.

This marks Rahul Gandhi’s sixth visit to Bihar in 2025, so far, signalling a renewed push to strengthen the Congress’ presence at the grassroots level in the run-up to the Assembly elections.

Rahul Gandhi’s recent engagements in the state reflect the Congress party’s strategy to reconnect with local icons, marginalised communities, and symbolic figures, in an attempt to regain political ground in the state

Following his visit to Gaya, Rahul is scheduled to travel to Rajgir in Nalanda district to attend a Samvidhan Sammelan and return to Gaya to attend a ‘Mahila Samvad’ (Women’s Dialogue) programme and visit Mahabodhi temple in Bodh Gaya, as part of his outreach to marginalised communities and women across the state.

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SC allows NBE to schedule NEET-PG 2025 exam on August 3

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New Delhi, June 6: The Supreme Court on Friday allowed an application filed by the National Board of Examinations (NBE) seeking permission to schedule the National Eligibility-cum-Entrance Test (NEET)-PG 2025 on August 3.

A Bench of Justices Prashant Kumar Mishra and Augustine George Masih took note of the submission that August 3 was the earliest possible available date given by its technology partner for conducting the NEET-PG 2025 examination in terms of the recent apex court order.

Allowing the application filed by the NBE to conduct the NEET-PG 2025 examination on August 3, the Justice Mishra-led Bench clarified that no further time extension will be allowed by the top court.

In an order passed on May 30, the Supreme Court deprecated the practice of conducting the NEET-PG exam in two shifts and opined that holding the examination in two shifts leads to arbitrariness and cannot give a level playing field to the candidates.

It ordered the NBE to make necessary arrangements for holding the NEET-PG 2025 examination in one shift, duly ensuring that complete transparency is maintained and secure centres are identified and commissioned.

“The question papers in two shifts can never be of the same difficulty level. Last year, it (NEET-PG 2024) may have been held in two shifts in the facts and circumstances of that stage. But the examining body ought to have considered making arrangements for holding the examination in one shift,” the Supreme Court had remarked.

The apex court was dealing with a clutch of petitions challenging the lack of transparency in the conduct of the NEET-PG examination.

In their plea filed before the apex court, NEET-PG aspirants claimed that the introduction of two shifts, normalisation method, and change in the tie-breaker criterion affected medical students adversely. The petitioners said that NEET-PG had never been held in two shifts before and had always remained a single-shift and single-day examination to ensure a uniform examination standard and fairness of the national test.

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