Centre seeks states' opinion on same-sex marriage
The Supreme Court on Wednesday continued hearing pleas seeking recognition of same-sex marriages and the Centre's petition opposing the former. The Centre sought the states' view on the matter, stating that they are vital stakeholders. However, the court denied the Centre's request to make the states parties to the proceedings. Notably, the Centre has been arguing that the matter falls within the legislative domain.
Why does this story matter?
India reportedly has around seven crore LGBTQ+ persons and while queerphobia is rampant in the country, it also enjoys legal sponsorship. In a historic step in 2018, the SC decriminalized consensual gay sex, recognizing the liberty of homosexual adults. In a subsequent move for social acceptance and dignity in a heteronormative society, the LGBTQ+ community is seeking the right to have a legal marriage.
Allow Centre to consult states: Mehta
Appearing for the Centre, Solicitor General Tushar Mehta argued that it should be allowed to consult other states and then present a compilation of their views before the court. It urged the court to adjourn the proceedings in the matter until then. Mehta also said that the decision to create a new social relationship depended on Parliament and was beyond the judiciary's ambit.
Could have written to states earlier: Rohatgi to Mehta
The petitioners' counsel, senior Advocate Mukul Rohatgi, meanwhile, argued that just because the subject of marriage happens to be on the concurrent list, it does not mean the pleas will be bad for the nonjoinder of states. He said that the letter to states could have been written earlier as the SC issued a notice in the matter five months ago.
Petitioners want day-to-day rights: Rohatgi
Citing the example of the Payment of Gratuity Act, where a pension is given only to the spouse, Rohatgi said that the petitioners want rights where day-to-day things are involved. He also cited the Juvenile Justice Act, which allows adoption only on the condition of being married. Currently, LGBTQ+ couples don't have civil rights such as sharing insurance and inheritance of property, among others.
