Final arguments over granting legal recognition to same-sex marriages in India will be heard on April 18 by a five-judge Constitution bench, the Supreme Court said today. Any decision on the subject would have a huge bearing on society, the Supreme Court said, calling it โa matter of seminal importanceโ, reported NDTV.
The hearing will be live-streamed on the SC website and YouTube. โThis judgment will have a huge bearing on society โ donโt cut down anyoneโs time and this must be considered,โ a three-judge bench said.
โWe are of the view that it would be appropriate if the issues raised are resolved by the bench of five judges of this court with due regard to A 145(3) of the Constitution. Thus, we direct it to be placed before a constitution bench,โ the judges said.
The Centre had earlier argued that same-sex marriage is not compatible with the concept of an โIndian family unitโ, which it said consists of โa husband, a wife, and children which necessarily presuppose a biological man as a โhusbandโ, a biological woman as a โwifeโ and the children born out of the union between the two โ who are reared by the biological man as a father and the biological woman as a motherโ.
The government said despite the decriminalization of Section 377 of the Indian Penal Code, the petitioners cannot claim a fundamental right for same-sex marriage to be recognized under the laws of the country.
The Centre said living together as partners and having a sexual relationship by same-sex individuals (which is decriminalized now) is not comparable with the Indian family unit concept, urging the court to reject challenges to the current legal framework lodged by LGBTQ+ couples. At least four gay couples in recent months have asked the court to recognize same-sex marriages.
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