NewsBytes
    Hindi Tamil Telugu
    More
    In the news
    Supreme Court Of India
    Central Bureau Of Investigation (CBI)
    Indian Army
    Indian Railways
    Indian Air Force
    NewsBytes
    Hindi Tamil Telugu
    NewsBytes
    User Placeholder

    Hi,

    Logout


    India Business World Politics Sports Technology Entertainment Auto Lifestyle Inspirational Career Bengaluru Delhi Mumbai Visual Stories Find Cricket Statistics Phones Reviews Fitness Bands Reviews Speakers Reviews

    Download Android App

    Follow us on
    • Facebook
    • Twitter
    • Linkedin
     
    Home / News / India News / 'Seminal importance': SC refers same-sex marriage petitions to Constitution bench
    India

    'Seminal importance': SC refers same-sex marriage petitions to Constitution bench

    'Seminal importance': SC refers same-sex marriage petitions to Constitution bench
    Written by Manzoor-ul-Hassan
    Mar 13, 2023, 04:55 pm 3 min read
    'Seminal importance': SC refers same-sex marriage petitions to Constitution bench
    SC has referred same-sex marriage petitions to Constitution bench

    While hearing petitions seeking legal recognition of same-sex marriages, the Supreme Court stated on Monday that the issue was of "seminal importance" in India. It noted that any decision on the subject would have a significant impact on society and referred the case to a five-member Constitution bench, stating that final arguments would be heard by the larger bench on April 18.

    Why does this story matter?

    • The decision comes a day after the Centre opposed the legal recognition of same-sex marriages in the country in an affidavit filed before the Supreme Court.
    • As per rough estimates, there are about seven crore LGBTQ+ individuals living in India.
    • Nevertheless, the government has repeatedly opposed the registration of same-sex marriages, even though the SC's 2018 judgment decriminalized gay consensual sex.

    'Would be appropriate if issues resolved by 5-member bench: CJI  

    A three-member bench led by Chief Justice of India DY Chandrachud said the judgment on same-sex marriage petitions "will have a huge bearing on society." "We 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," the judges said.

    Centre opposed legal validation of same-sex marriages 

    On Sunday, the Centre, in its affidavit before the top court, contended that same-sex marriage registration would result in a violation of current personal and codified rules in the country. It urged the court to dismiss challenges to the present legal framework, claiming that same-sex partnerships were not equivalent to the concept of the "Indian family unit."

    Registration has more ramifications than simple legal recognition: Centre

    "The parties entering into marriage create an institution having its own public significance, as it is a social institution from which several rights and liabilities flow," the Centre stated further. "Seeking declaration for solemnization/registration of marriage has more ramifications than simple legal recognition. Family issues are far beyond mere recognition and registration of marriage between persons belonging to the same gender," it added.

    Know about pleas filed by same-sex couples

    The matter concerns two same-sex couples who petitioned the top court last year to recognize homosexual marriages. One of the couples, Supriyo Chakraborty and Abhay Dang of Hyderabad, have been together for over 10 years. Parth Phiroze Mehrotra and Uday Raj Anand, who have been together for over 17 years, had also filed a similar PIL.

    2018 SC judgment that decriminalized gay sex

    The Supreme Court decriminalized consensual homosexual sex in September 2018, resolving a decades-long demand of the LGBTQ+ community. A five-judge Constitution bench led by former Chief Justice of India Dipak Misra overturned Section 377 of the Indian Penal Code (IPC), which was a 158-year-old colonial-era provision. "The [LGBTQ+] community has the same rights as of any ordinary citizen," Misra had stated.

    Share this timeline
    Facebook
    Whatsapp
    Twitter
    Linkedin
    Latest
    Supreme Court Of India
    Section 377
    Indian Penal Code
    DY Chandrachud

    Latest

    WhatsApp's latest update for iOS fixes the notifications bug WhatsApp
    Importance of outdoor play in early childhood Children
    Happy birthday, Rani Mukerji: Revisiting actor's unconventional, pathbreaking roles Rani Mukerji
    Happy birthday, Gary Oldman: Best performances by the fine actor Gary Oldman

    Supreme Court Of India

    Why CJI Chandrachud refused to accept Centre's sealed note DY Chandrachud
    Sexual orientation has no impact on judges' abilities: CJI Chandrachud DY Chandrachud
    Parliament must debate on same-sex marriage before SC decision: Rijiju Kiren Rijiju
    'Trust the judicial process': Amit Shah's advice on Adani-Hindenburg row Amit Shah

    Section 377

    Same-sex marriages incompatible with 'Indian family' concept: Centre to SC Central Government
    Supreme Court transfers all same-sex marriage recognition pleas to itself High Court
    Promotion delayed due to my [homo]sexuality: Advocate Saurabh Kirpal Government of India
    Mumbai: Man arrested for sexually assaulting stray dog in Powai Mumbai

    Indian Penal Code

    Gujarat IAS officer thrashed, held hostage during project inspection: Report Gujarat
    Nithyananda's 'United States of Kailasa' clarifies speech at UN event United Nations (UN)
    Who is Vijayapriya Nithyananda who 'represented Kailasa' at UN event United Nations (UN)
    Hathras gang rape-murder case: Court acquits 3 accused, 1 convicted Hathras

    DY Chandrachud

    Opposition MPs write to President over trolling of CJI Chandrachud Supreme Court Of India
    RSS jumps the gun as same-sex marriage awaits SC nod Rashtriya Swayamsevak Sangh
    Truth has become victim of false news: CJI Chandrachud Chief Justice of India
    'Truth will prevail': Adani welcomes SC order on Hindenburg case Gautam Adani

    Love India News?

    Subscribe to stay updated.

    India Thumbnail
    Indian Premier League (IPL) Celebrity Hollywood Bollywood UEFA Champions League Tennis Football Smartphones Cryptocurrency Upcoming Movies Premier League Cricket News Latest automobiles Latest Cars Upcoming Cars Latest Bikes Upcoming Tablets
    About Us Privacy Policy Terms & Conditions Contact Us Ethical Conduct Grievance Redressal News News Archive Topics Archive Download DevBytes Find Cricket Statistics
    Follow us on
    Facebook Twitter Linkedin
    All rights reserved © NewsBytes 2023