Same Sex Marriage: A Supreme Court constitution bench will issue its ruling on a number of petitions on Tuesday in regards to the legalisation of same-sex unions in India. After ten days of nonstop hearings, the verdict was reserved in May. After the Supreme Court’s 2018 ruling decriminalising homosexuality, the case is seen as a pivotal turning point for LGBT rights in the nation.
Intensive Hearings and Key Players in the Legal Battle
After hearing from the Centre, certain states, numerous petitioners and organisations for ten days, a five-judge bench made up of Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul, Justice S Ravindra Bhat, Justice Hima Kohli, and Justice PS Narasimha reserved the judgement. In May, the court heard arguments from as many as 40 prominent solicitors for ten days straight.
Petitioners’ Plea vs. Government’s Stand
The petitioners asked the Supreme Court to construe the Special Marriage Act of 1954, arguing that all they wanted was for same-sex marriage to be legally recognised. The Central Government, on the other hand, argued that the legalisation of same-sex marriage was outside the purview of the court and that the Parliament should pass legislation on the subject after conferring with the states in opposition to the group of petitions. The Centre also informed the Supreme Court that various laws would need to be changed if this were to be acknowledged.
A Committee for Administrative Challenges Faced by Same-Sex Couples
Without delving into the same-sex couples’ argument for the legal recognition of same-sex marriage, the Centre also informed the top court during the hearing that it was willing to form a committee headed by the Cabinet Secretary to examine administrative measures faced by same-sex couples in their daily lives in areas such as banking, insurance, and other. The government of Rajasthan, Andhra Pradesh, and Assam had resisted recognising same-sex marriages, according to the Centre, which also informed the court that it had received submissions on the matter from seven states.
Special Marriage Act, Personal Laws, and the Right to Marry
The Supreme Court bench made it clear during the proceedings, nevertheless, that it would limit the matter to the Special Marriage Act and not broach the subject of personal laws. The petitioners claim that a group of people cannot be denied the right to marry on the basis of their sexual orientation alone. The provisions of the Hindu Marriage Act, the Foreign Marriage Act, and the Special Marriage Act have all been challenged in the batch of petitions to the degree that they do not recognise same-sex unions.
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