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Live updates: Right to enter into union includes right to choose partner, says CJI on legality of same-sex marriage

Five-judge SC bench assembles to pronounce verdict on pleas seeking legal validation for same-sex marriage

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Our Web Desk
Published 17.10.23, 10:58 AM

Pronouncing its verdict on a batch of 20 petitions seeking the right to marry for LGBTQIA+ couples in India, the Supreme Court said on Tuesday:

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A five-judge constitution bench headed by Chief Justice D Y Chandrachud had on May 11 reserved its verdict on the pleas seeking legal validation for same-sex marriage after a marathon hearing of 10 days.

The other members of the bench are Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and P S Narasimha.

During the arguments, the Centre had told the apex court that any constitutional declaration made by it on the petitions seeking legal validation for same-sex marriage may not be a "correct course of action" as the court will not be able to foresee, envisage, comprehend and deal with its fallout.

'Not looking into personal laws'

The bench had made it clear during the arguments that it will not go into personal laws governing marriages while deciding the pleas seeking judicial validation for same-sex marriages and said the very notion of a man and a woman, as referred to in the Special Marriage Act, is not "an absolute based on genitals".

The Centre had also told the court it had received responses from seven states on the issue of same-sex marriage and the governments of Rajasthan, Andhra Pradesh and Assam had opposed the petitioners' contention seeking legal endorsement for such wedlock.

'Can't anticipate Parliament's response'

The apex court had commenced hearing arguments in the matter on April 18.

While hearing the matter on May 11, the bench had observed it cannot give a declaration on same-sex unions on the anticipation as to how Parliament is likely to respond to it.

The bench made the observation after one of the advocates appearing for the petitioners referred to judicial verdicts, including in the instant triple talaq case, and said once the top court gave a declaration to pass a law penalising the practice, it was a matter for "fairly easy legislative consensus".

The bench had also made it clear during the arguments that it will not go into personal laws governing marriages while deciding the pleas seeking judicial validation for same-sex marriages.

Use of plenary power

Some of the petitioners had urged the apex court to use its plenary power, "prestige and moral authority" to push the society to acknowledge such a union which would ensure LGBTQIA++ lead a "dignified" life like heterosexuals.

LGBTQIA++ stands for lesbian, gay, bisexual, transgender, queer, questioning, intersex, pansexual, two-spirit, asexual and ally persons.

On May 3, the Centre had told the court it will constitute a committee headed by the cabinet secretary to examine the administrative steps that could be taken for addressing "genuine humane concerns" of same-sex couples without going into the issue of legalising their marriage.

The Centre's submission was pursuant to the apex court asking it on April 27 whether social welfare benefits like opening joint bank accounts, nominating life partner in provident funds, gratuity and pension schemes can be extended to same-sex couples without going into the issue of legal sanction to their marriage.

Same Sex Marriages Supreme Court
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