Published On: Mon, Mar 13th, 2023

Supreme Court calls same-sex marriage an issue of ‘seminal importance’

New Delhi: Stating that same-sex marriages in the country are of “seminal importance”, the Supreme Court on Monday said that final arguments over its legal recognition will be heard by a five-judge Constitution bench on April 18.

Supreme Court remarked that the adopted child of a gay or lesbian couple does not have to be gay or a lesbian

For the unversed, a bench comprising CJI DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala was hearing a batch of pleas seeking the legal validity of same-sex marriages in the country.

“We will list this on April 18, this is a matter that is important enough and we will invoke Article 142(3) power. We will invoke Article 145(3) to hear this as a conditional case. We accordingly direct that the matter is posted before a constitution bench,” the CJI said.

Representing the Centre, Solicitor General (SG) Tushar Mehta said that the right to love, express and freedom of choice is already upheld and no one is interfering with that right but doesn’t mean conferring the right of marriage.

He also observed that the moment marriage as a recognized institution comes between the same sex, the question will come on adoption and therefore Parliament will have to see the issue of the psychology of the child, which has to be examined whether it can be raised in such a way.

Responding to this, the Supreme Court remarked that the adopted child of a gay or lesbian couple does not have to be gay or a lesbian.

Appearing for petitioners, senior advocate Abhishek Singhvi, stated, “One is a philosophical proposition – Right to love makes us human. It should be extended in equal terms. You can extend it only on equal terms only if your lordships read down the special marriage act and other acts.

Singhvi stated a general philosophical one is that this is what your lordships have called us as the right to live and the right to love. In light of Navtej Singh Johar’s ruling Right to marry cannot be withheld for the class of persons solely on the basis of sex, gender orientation & identity. Also, the same must be extended in equal terms & it can be extended only if your lordships read up or read down SMA the right to marry to all persons otherwise eligible.”

Earlier the Centre had opposed in the Supreme Court a batch of pleas seeking legal validation of same-sex marriage, saying it would cause complete havoc with the delicate balance of personal laws and accepted societal values.

“Despite the decriminalisation of Section 377 of the Indian Penal Code, the petitioners cannot claim a fundamental right for same-sex marriage to be recognised under the laws of the country”, the Centre’s affidavit said.

On January 6, the apex court had clubbed and transferred to itself all such petitions pending before different high courts, including the Delhi High Court.

Leave a comment

XHTML: You can use these html tags: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>

Social Media Auto Publish Powered By :