Consider leaving marriage equality to Parliament: Centre to SC
The Central government on Wednesday urged the Supreme Court to consider leaving the decision regarding marriage equality for the LGBTQ+ community to Parliament. Appearing for the Centre on the fifth day of the hearing, Solicitor General Tushar Mehta said marriage is a socio-legal institution, and its recognition is necessarily a matter of legislative policy. He earlier said the matter was beyond the judiciary's scope.
Why does this story matter?
The SC is hearing a batch of petitions seeking marriage equality for the LGBTQ+ community, while the Centre argues against the legal recognition of same-sex marriage. 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, the LGBTQ+ community is seeking the right to legal marriage.
Special Marriage Act intended for heterosexual couples: Mehta
Mehta told the five-judge Constitution bench led by Chief Justice (CJI) DY Chandrachud that the right to marry doesn't include the right to compel Parliament to change the definition of marriage. He argued that the Special Marriage Act (SMA) was intended to be a union of a heterosexual couple. In response, CJI Chandrachud said that the SMA was intended to be religion-neutral.
Bench cites countries where judgment came before legislative action
Citing precedents from other countries, Mehta argued that Taiwan passed an act for marriage equality, which was followed by executive action and judgment. Justice S Ravindra Bhat observed that in Austria, an act in this regard came after a judgment. Mehta argued that the case in Austria challenged the prohibition on same-sex marriage, but India doesn't have any such provision.
NCPCR opposed adoption rights for same-sex couples, DCPCR supported
Intervening in the proceedings, the National Commission for Protection of Child Rights (NCPCR) opposed adoption rights for same-sex couples. The Delhi Commission for Protection of Child Rights (DCPCR), however, supported the petitioners seeking adoption rights. The Centre earlier termed marriage equality for the LGBTQ+ community as "urban elitist views." The Bar Council of India also requested the SC to leave the matter to Parliament.
