‘Same sex marriage verdict by SC shameful’ 

The same-sex marriage verdict is the “most shameful” judgement by the Supreme Court in many years, said Colin Gonsalves, Senior Advocate of the Supreme Court of India and founder of Human Rights Law Network. 

The same-sex marriage verdict is the “most shameful” judgement by the Supreme Court in many years, said Colin Gonsalves, Senior Advocate of the Supreme Court of India and founder of Human Rights Law Network. 

Mr. Gonsalves was in Bengaluru recently to speak on “Supreme Court, a guardian of constitutional rights: A critical assessment” at the Alternative Law Forum. Expressing strong views on the stance taken by the Supreme Court on several issues recently, Mr. Gonsalves did not mince words. 

“If a dominant group of society attacks the minority group, often you find that the government is on the side of the majority group. But the Supreme Court has to protect the minority point of view,” he said, adding that the judgement of the Supreme Court has caused much anguish to the people. 

In October, the Supreme Court declined to legalise same-sex marriage leaving it to the Parliament to legislate on it. A five-judge constitution bench ruled that the right to marry was not fundamental and hence the court could not intervene. Pointing out the verdicts of Apex Courts in South Africa, the UK and Canada which ruled in favour of same-sex marriage, he said the SC should have followed suit. 

Mr. Gonsalves also lashed out against the recent verdict by the Supreme Court which upheld the abrogation of Article 370 that earlier gave Jammu and Kashmir a special status. 

“The Article 370 judgment is deplorable. To say that when under presidential rule, parliament can act without taking the views of the assembly of the state, change a state into a union territory, and change the character of the state is a deplorable judgement,“ said Mr Gonsalves. 

“We cannot confidently say that the Supreme Court is an independent institution, which is what it prides itself on... The Supreme Court should speak for the majority and the minority,” he said. He added that if the situation continues, people will lose faith in the institution.