The Supreme Court has announced that a group of petitions seeking the legal recognition of same-sex marriage will be heard by the five-judge constitution bench beginning on April 18. Sanjay Kishan Kaul, Ravindra Bhat, Hima Kohli, and PS Narasimha, along with Chief Justice of India DY Chandrachud, will make up the bench.
On March 13, a three-judge panel comprised of Chief Justice of India (CJI) DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala referred the petitions to a Constitution Bench.
The group of petitions alleges that the provisions of the Hindu Marriage Act, Foreign Marriage Act, and Special Marriage Act do not permit and recognize same-sex weddings. In January, a bench chaired by Chief Justice DY Chandrachud transferred the Supreme Court’s jurisdiction over the outstanding petitions from the High Courts.
And in March, the Indian government submitted a counter-affidavit in opposition to the arguments. It stated that the legislature should decide on the issue.
Before the Supreme Court, the Center submitted an affidavit challenging the legalization of same-sex unions. According to a report by the news agency ANI, the Center has stated in its affidavit that same-sex couples and heterosexual relationships are categorically different types that cannot be treated equally.
The Center informed the highest court that same-sex couples living together, which is now legal, is not equivalent to the traditional Indian family unit of a husband, a wife, and any children they have together.
Consensual sex between adult homosexuals or heterosexuals in a private setting is not illegal, according to a landmark ruling from the top court’s five-judge Constitution bench, which overturned a portion of the British-era penal code that criminalized it on the grounds that it violated the constitutional right to equality and dignity.
before the meantime, a group of former judges urged citizens to desist from pursuing the same-sex marriage issue before the Supreme Court “in the interest of the society” in a statement they released earlier in March.
The justices said they “respectfully urge the aware members of society, including those who are pursuing the question of same-sex marriage,” in a statement they released. The Supreme Court should refrain from doing such if it is in the best interests of Indian society and culture.