SC to hear plea on same-sex marriages: 5 things you should know

The Supreme Court will start hearing a batch of petitions on same sex marriages.

The hearing would commence on April 18 before a Bench headed by Chief Justice of India, D Y Chandrachud. Recently the Supreme Court had notified a five-judge Bench to hear a batch of please seeking legal recognition for same-sex marriages in India.

Centre vs petitioners:

• The petitioners have said that the question concerning the legal recognition of same-sex marriage with the existing concept of marriage, as an exclusively heterogenous institution, which is governed by the existing legal regime and has a sanctity attached to it in every religion in the country, seriously affects the interests of every citizen.
• The petitioners also said that it raises critical issues as to whether questions of such a nature , which necessarily entails the creation of new social institution, can be prayed for as a part of the process of judicial adjudication.
• The Centre has however opposed the plea and said that this is not within the purview of the courts.

• "The institution of marriage is necessarily a social concept and a sanctity to the said institution is attached under the respective governing laws and customs as it is given sanctity by law on the basis of social acceptance. It is submitted that social acceptance and adherence to societal ethos, common values, shared beliefs across religions, in case of recognition of "socio-legal institution of marriage" is not be confused with majoritarianism," the Centre said.
• "The regulation of marriage is very much an issue of acceptance by the society and as such ought to be debated only by the competent legislature, being a body, which is the repository of democratic representation and reflects the will of the people. It is submitted that this rationale is the very basis for state recognition of a marriage across jurisdictions. It is submitted that marriage, thus becomes the condition precedent for the State's very existence. reading of the impugned laws makes clear that the legislative intent was to recognise marriage as being the union of one man and one woman only," the Centre also pointed out.