Same-sex Marriage In India: What To Know About The Supreme Court Case

The Supreme Court is set to deliver its much-anticipated landmark judgment on a batch of pleas seeking to grant legal recognition to same-sex marriages on Tuesday. A five-judge bench of the top court had reserved its verdict in the case following marathon hearings in May this year.

As per Live Law, the CJI Chandrachud-headed bench will deliver its verdict at 10:30 am. The bench also comprises Justices SK Kaul, SR Bhat, Hima Kohli, and PS Narasimha.

Last year, the issue was brought before the highest court in the land, as 18 same-sex couples filed petitions requesting the recognition of same-sex marriages under the Special Marriage Act, the Foreign Marriage Act, and the Hindu Marriage Act.

In a remarkable display of dedication to the cause, the court conducted marathon hearings for 10 consecutive days in May, during which they listened to the arguments of 40 leading lawyers.

The petitioners argued that all they sought was legal recognition of same-sex marriages and urged the court to reinterpret the provisions of the Special Marriage Act of 1954 to accommodate this need.

Meanwhile, the Central Government opposed these pleas, contending that the jurisdiction to legalize same-sex marriages rested with the Parliament after consulting with the states. They emphasized that such a move would necessitate amendments to several existing laws.

During the proceedings, the Central Government expressed its willingness to form a committee, headed by the Cabinet Secretary, to address administrative issues faced by same-sex couples in their daily lives, particularly concerning matters like banking and insurance. However, the government maintained its stance against recognizing same-sex marriages. Additionally, it was revealed that seven states had responded to the issue, with the governments of Rajasthan, Andhra Pradesh, and Assam opposing the recognition of same-sex marriages.

The Supreme Court bench clarified that its focus would remain on the Special Marriage Act and not extend into the realm of personal laws. The petitioners contended that the right to marry should not be withheld from any group based solely on their sexual orientation.

The batch of petitions has taken issue with provisions in the Hindu Marriage Act, the Foreign Marriage Act, and the Special Marriage Act that do not recognise same-sex marriages.