Same Sex Marriage : Supreme Court Refers Petitions Seeking Legal Recognition To Constitution Bench

Picture : Twitter/ ANI

The Supreme Court has referred various petitions seeking legal recognition of same-sex marriage to the Constitution Bench.

As per ANI report, A bench headed by Chief Justice of India DY Chandrachud listed the petitions seeking legal recognition of same-sex marriage to a five-judge bench constitution bench and said that the hearing will take place on April 18.

Solicitor General Tushar Mehta, appearing for Centre, says the right to love, expression and freedom of choice is already upheld and no one is interfering with that right but doesn’t mean conferring the right of marriage.

SG Mehta argued 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 on the issue of the psychology of the child, which has to be examined whether it can be raised in such a way. He further said that the parliament will have to debate and take a call on whether in view of ethos.

However, the court remarked adopted child of a gay or lesbian couple does not have to be gay or a lesbian.

SG Mehta said that this is a matter having grave ramifications.

When the bench was apprised that the Centre has filed an affidavit, CJI DY Chandrachud remarked Centre is saying it is in the legislative domain

Senior Advocate NK Kaul said that controversy is narrowed down and they can show that either the statute can be harmoniously construed or in light of Navtej Singh, it has to be recognised

Senior Advocate KV Vishwanathan apprised the SC that the transgender protection act exists even though the centre stated that it doesn’t recognise such a union.

The court was hearing a batch of petitions pertaining to the issue of same-sex marriage, which had challenged the denial of access to the institution of marriage to the members of the LGBTQ+ community as being in contravention of Part III of the Constitution, including Articles 14,15,19 and 21.

The Senior counsel appearing for the Petitioners submitted that the petitions pertained to issues of fundamental rights.