Same-Sex Marriage: Justice Chandrachud's big statement, says heterosexual eunuchs have the right to marry

Justice Bhat disagreed with Justice Chandrachud's decision on some aspects. Although he agreed that marriage is not a fundamental right. Justice Kohli and Justice Narasimha also agreed with Justice Bhat's decision. He said that the Special Marriage Act is not discriminatory. The right to marriage cannot be considered a fundamental right. This is a matter that should be left to the legislature.

Justice Bhat cited various laws regulating the institution of marriage. He said that only through law can marriage be recognized or have legal status. The court cannot give such an order. Referring to the earlier decisions of the Supreme Court in the Shakti Vahini and Shafin Jahan cases, he said that those cases were steps taken to protect couples from violence in the state.

However, he has emphasized the state's responsibility to protect homosexuals from violence. Justice Bhat has also recorded the views of the high-level committee in the order and said that the opinion of all the states and union territories should also be taken. Justice Bhat issued several directions. Justice Narasimha has given a separate judgment concurring with Justice Bhat. He also said that there is no fundamental or unconditional right to marriage. He has also expressed disagreement with the Chief Justice on some issues.