Same-Sex Marriage: Hearings on petitions requesting the legal recognition of same-sex weddings in India were postponed by the five-judge bench of the Supreme Court led by Chief Justice DY Chandrachud. Due to the absence of two of the five justices on the Constitution Bench, the hearing on same-sex marriage will not continue on Monday. All petitioners were instructed by the court on Thursday to wrap up their cases by Monday, April 24, so that the Centre and other respondents may wrap up their cases the following week. The third day’s hearing was still without a resolution.
30 days’ advance notification from parties planning a marriage
Petitioners argued against the Special Marriage Act of 1954’s provisions requiring 30 days’ advance notification from parties planning a marriage. ‘The Special Marriage Act may be interpreted in a way that assimilates same-sex marriage,’ the Supreme Court noted on Day 3 of its hearing of arguments for same-sex marriage, and emphasised that these relationships are more than just physical relations but rather something more akin to a stable, emotional relationship.
Must Read: ‘Is a binary gender necessary for marriage?’ Supreme Court debates on Same Sex Marriages
Judiciary should be given the opportunity to establish new socio-legal ties before Parliament-Solicitor General
Actually, The petitioners are asking that “spouse” be used in place of “man and woman” while interpreting the Special Marriage Act, 1954. When speaking on behalf of the government, Solicitor General Tushar Mehta said that ‘judiciary should be given the opportunity to establish new socio-legal ties before Parliament.’ Speaking on behalf of the petitioners, senior advocate Mukul Rohatgi claimed that members of the LGBTQ community should be entitled to the same institutions of marriage and family as heterosexual people.
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