October 17, 2023
NEW DELHI – The Supreme Court will Tuesday pronounce its much anticipated verdict on whether same-sex marriages should get legal validation in India. While hearing a batch of pleas seeking legal validation for same-sex marriages, a Constitution Bench led by Chief Justice of India (CJI) DY Chandrachud had reserved its verdict on May 11 this year.
The Constitution Bench also comprised Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and PS Narasimha. The hearing on matter pertaining to marriage equality rights for LGBTQIA+ community began on April 18 and went on for nearly 10 days.
During the hearing, the Supreme Court clarified that it will not touch the personal laws and deal with the issue under the provisions of the Special Marriage Act.
One of the petitions sought to raise the absence of a legal framework allowing members of the LGBTQIA+ community to marry any person of their choice.
Another petition sought to enforce the fundamental rights of LGBTQ+ individuals to marry any person of their choice. The petition said that “the exercise of which ought to be insulated from the disdain of legislative and popular majorities.”
One of the petitioners, represented by senior advocates Mukul Rohatgi and Saurabh Kirpal, asserted their fundamental right to marry each other and sought appropriate directions from the SC allowing and enabling them to do so.
Meanwhile, the Centre has opposed the plea, saying the issue should be considered not by the court but Parliament.
On April 18, the Centre had also asked states to given their opinion on the issue. States of Rajasthan, Andhra Pradesh, and Assam have opposed the legal recognition of same-sex marriages in the country.