Same-sex marriage: Supreme Court upheld principle of parliamentary supremacy, says Asaduddin Owaisi

Hyderabad: AIMIM Chief Asaduddin Owaisi on Tuesday said the Supreme Court has upheld the principle of parliamentary supremacy, reacting to the apex court's refusal to grant legal recognition to same-sex marriages.

"SC has upheld the principle of parliamentary supremacy. It is not up to the courts to decide who gets married under what law,' the Hyderabad MP said on social media platform X. 'My faith and my conscience say that marriage is only between a man and a woman. This is not a question of decriminalisation like in the case of 377, it is about recognition of marriage. It is correct that the state cannot extend it to anyone and everyone.'

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 to change the law for validating such union.

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

Owaisi further said he was concerned about 'an observation made from the bench that transgender people can marry under SMA and Personal Laws'. He said, 'This is not a correct interpretation as far as Islam is concerned, as Islam does not recognise marriage between two biological males or two biological females.' He added: 'I agree with Justice Bhat that 'a gender-neutral interpretation of the Special Marriage Act may not be equitable at times and can result in women being exposed to vulnerabilities in an unintended manner'.'