Same-sex marriage: Are binary spouses necessary for marriage, asks CJI
On the third day of the Supreme Court hearing arguments on legalizing same-sex marriages on Thursday, Chief Justice of India (CJI) DY Chandrachud said that same-sex relationships are not just physical, but also stable and emotional. He stated that the evolving notion of marriage must be redefined while also questioning whether the existence of two spouses of binary gender is necessary for marriage.
Why does this story matter?
The SC is hearing a batch of petitions seeking marriage equality for the LGBTQ+ community. In a historic step in 2018, the SC decriminalized consensual gay sex, recognizing the liberty of homosexual adults. And now, in a subsequent move for social acceptance and dignity, the LGBTQ+ community is seeking the right to a legal marriage.
SC implicitly contemplated possibility of marriage-like relationships in 2018: CJI
The CJI said the notion of marriage has evolved significantly since 1954 when the Special Marriage Act was passed to provide a form of civil marriage to those who did not want to follow their personal laws. He added that when the SC decriminalized homosexuality in 2018, it implicitly contemplated the possibility of stable and marriage-like relationships between same-sex persons.
Denying right to marry contrary to fundamental rights: Singhvi
Appearing for the petitioners, Senior Advocate Abhishek Manu Singhvi argued that the institution of marriage in itself is so important that denying the same to a queer couple would be in contradiction of the fundamental rights. He said that he was focusing on the discriminatory parts of the Special Marriage Act (SMA) and not challenging all provisions of the act.
SMA's requirement of public declaration before marriage unconstitutional: Singhvi
Singhvi argued that under the SMA, the requirement of declaring one's intention to marry and waiting for public approval is peculiar. He argued it was unconstitutional because it is an invasion of privacy. He said under personal laws no heterosexual couple has to declare their intent. To this argument, the government's counsel Solicitor General Tushar Mehta said that he had not filed a reply.
Urban elitist views: Government on same-sex marriage
Before the hearing commenced, the government called the demands for legal recognition of same-sex marriage "urban elitist views" for social acceptance on Monday. Mehta argued that granting legal sanction to a relationship is beyond the judiciary's purview and is essentially a function of the legislature. He claimed that legalizing same-sex marriages would amount to a judicial rewriting of the entire branch of law.
