New Delhi, Oct 17 (PTI) Chief Justice of India D Y Chandrachud on Tuesday said that the State has an obligation to recognise unions entered into by queer couples and grant them benefit under the law.

The CJI made the observation in a judgment he wrote separately on same sex marriage.

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He observed that the failure of the State to recognise the bouquet of entitlements which flow from the union would result in a disparate impact on queer couples, who cannot marry under the current legal regime.

"The freedom of all persons including queer couples to enter into a union is protected by Part III of the Constitution. The failure of the State to recognise the bouquet of entitlements which flow from a union would result in a disparate impact on queer couples who cannot marry under the current legal regime. The State has an obligation to recognize such unions and grant them benefit under law,” he said.

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He added that the right to enter into a union cannot be restricted based on sexual orientation.

"Such a restriction will be violative of Article 15 (no discrimination on account of religion, race, caste, or place of birth). Thus, this freedom is available to all persons regardless of gender identity or sexual orientation," he said.

He noted that the decisions in Navtej (decriminalising gay sex) and Justice KS Puttaswamy (right to privacy as fundamental right) cases recognize the right of queer couples to exercise the choice to enter into a union.

"This relationship is protected from external threat. Discrimination on the basis of sexual orientation will violate Article 15," he said.

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)