While delivering judgement on same-sex marriage, Chief Justice of India (CJI) DY Chandrachud stated that it is incorrect to say that marriage is a static and unchanging institution. He further added that if the Special Marriage Act is struck down, it will take the country back to the pre-Independence era. CJI Chandrachud also mentioned that the decision on whether a change in the regime of the Special Marriage Act is required is for the Parliament to decide.
This statement by the CJI highlights the evolving nature of marriage and the need for legal frameworks to adapt to changing societal norms. The judgement on same-sex marriage has sparked a debate on the recognition and rights of LGBTQ+ individuals in India. It remains to be seen how this decision will impact future discussions and legislation related to marriage in the country.
In conclusion, CJI DY Chandrachud’s statement challenges the notion of marriage as a static institution and emphasizes the importance of considering societal changes when formulating laws. The decision on the Special Marriage Act ultimately lies with the Parliament, highlighting the role of legislative bodies in shaping the future of marriage laws in India.