SC reserves judgment on petitions pertaining to same-sex marriage
What's the story
After ten days of hearing, the Supreme Court (SC) Constitution Bench reserved its judgment on various petitions pertaining to marriage equality rights for the LGBTQIA+ community on Thursday.
The SC bench comprising Chief Justice of India (CJI) DY Chandrachud and Justices PS Narasimha, S Ravindra Bhat, Sanjay Kishan Kaul, and Hima Kohli reserved the judgment.
Context
Why does this story matter?
The move comes after the court heard nearly 40 lawyers before it decided to reserve the case for judgment. The SC is now expected to deliver the judgment after it reopens post-summer vacation in July.
To recall, the country's top court started hearing a batch of petitions seeking the legalization of same-sex marriages under the Special Marriage Act in India on April 18.
Details
Details on same-sex marriage case
During the hearing, the petitioners' lawyers urged the top court to reinterpret the 1954 Special Marriage Act provision—to mean marriage between "persons" instead of marriage between a woman and a man.
The Centre has contended that legalizing same-sex marriages isn't in the court's domain, but for Parliament to legislate on it after consulting with the states.
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Twitter Post on same-sex marriage
Supreme Court Constitution Bench reserves judgement on various petitions pertaining to marriage equality rights for the LGBTQIA+ community. pic.twitter.com/jZGmofiNy7
— ANI (@ANI) May 11, 2023
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Center's advice to SC over same-sex marriage
On Wednesday, the Centre told the SC that any constitutional declaration made by it on pleas demanding legal validation for same-sex marriage might not be a "correct course of action" as the top court wouldn't be able to envisage, foresee, comprehend, and deal with its fallout.
It also told the court that it had received responses from seven states and governments opposing the same.
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Solicitor Mehta flags concerns
Appearing for the Centre, Solicitor General Tushar Mehta told the bench that during Tuesday's hearing, "It was felt that there is a possibility of a declaration being made, something less than marriage but something more than the present status."
"Your lordships' declaration would be a law within the meaning of Article 141, binding all, not just all courts, binding the whole nation," he added.
Further information
SC rejects plea seeking CJI's removal from same-sex marriage bench
Meanwhile, the apex court rejected an appeal that sought the removal of Chandrachud from the bench hearing pleas related to same-sex marriages.
The plea, moved by an individual named Anson Thomas, was turned down by the top court on Wednesday.
"Thank you Mr. Thomas, application rejected," news agency PTI quoted the CJI as saying.
Futher details
Petitioners seek marriage equality for social security, adoption rights
The petitions seek marriage equality for queer unions under the Foreign Marriage Act, Hindu Marriage Act, and Special Marriage Act.
Non-recognition of queer marriages contains LGBTQ+ individuals from accessing adoption rights, social security benefits, and medical autonomy, as enjoyed by heterosexual couples.
However, the Centre has maintained that LGBTQ+ marriages are incompatible with the Indian family unit's heteronormative concept.