NewsBytes
    Hindi
    More
    In the news
    Supreme Court Of India
    Central Bureau Of Investigation (CBI)
    Indian Army
    Indian Railways
    Indian Air Force
    NewsBytes
    Hindi
    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 / SC seeks Centre's response on pleas to recognize same-sex marriage
    India

    SC seeks Centre's response on pleas to recognize same-sex marriage

    SC seeks Centre's response on pleas to recognize same-sex marriage
    Written by Pirzada Shakir
    Nov 25, 2022, 10:23 pm 3 min read
    SC seeks Centre's response on pleas to recognize same-sex marriage
    Petitioners pray that the restrictions for same-sex marriages under Section 4 (c) of the Special Marriage Act be read down

    The Supreme Court on Friday issued notices to the Centre and Attorney-General for India R Venkataramani on two pleas seeking the recognition of same-sex marriages under the Special Marriage Act, 1954. The top court served separate notices and sought their responses in four weeks. A division bench comprising Chief Justice of India (CJI) DY Chandrachud and Justice Hima Kohli was hearing the matter.

    Why does this story matter?

    • The demand for the registration of same-sex marriages gained momentum after the top court decriminalized homosexuality in a landmark decision in 2018.
    • Petitioners have been contesting that the denial of registration of same-sex marriages amounts to discrimination and a violation of their rights.
    • The court has now sought the responses of the government and Venkatarami and listed the case for hearing after four weeks.

    This is living issue, not property issue: Petitioners' counsel

    Senior Advocate Mukul Rohatgi, representing petitioners, said, "This is a living issue, not a property issue. Impact is on health, succession. We are only here talking about the Special Marriage Act," per Live Law. Also appearing for petitioners, senior advocate Neeraj Kishan Kaul submitted the issue violates basic rights like adoption, surrogacy, and gratuity of same-sex couples, adding, "Even the opening of joint accounts."

    Petition filed by two same-sex couples

    The petitions for recognizing such marriages have been filed by two same-sex couples. The first couple from Hyderabad, Supriyo Chakraborty and Abhay Dang, has been together for nearly 10 years. They also held a "commitment ceremony" in December last year. Meanwhile, the second PIL was filed by Parth Phiroze Mehrotra and Uday Raj Anand. They have been in a relationship for 17 years.

    Make legislation gender neutral: Petitioners

    The petitioners reportedly rely on NALSA v/s Union of India, where the top court maintained the Constitution "protects non-binary individuals." It also said that the protections granted under Articles 14, 15, 16, 19, and 21 can't be limited only to males or females. Petitioners pray that the restrictions for same-sex marriages under Section 4 (c) of the Special Marriage Act be read down.

    Similar petitions pending in high courts

    It is pertinent to mention that the Delhi and Kerala High Courts have at least nine petitions seeking the recognition of same-sex marriages pending. They seek the registration of such marriages under the Special Marriage Act, Foreign Marriage Act, and Hindu Marriage Act.

    Criminalizing gay sex irrational and indefensible: 2018 judgment

    In September 2018, the top court settled the decades-old demand of the LGBTQ+ community by decriminalizing homosexuality. The five-judge constitutional bench headed by then Chief Justice of India Dipak Misra read down Section 377 of the Indian Penal Code (IPC), a 158-year-old colonial-era law. "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
    Chief Justice of India
    Kerala High Court
    DY Chandrachud

    Latest

    Here is why you should chomp often on macadamia nuts Food
    Australian Open 2023, Iga Swiatek advances to second round: Stats Australian Open
    Cold wave: Delhi temperature likely to drop to 1°C tomorrow Delhi
    Samsung launches Galaxy A14 5G, A23 5G in India Latest Mobile Phones

    Supreme Court Of India

    Google "contrived emergency" in seeking stay on Android anti-trust ruling Google
    SC Collegium should include government representatives: Kiren Rijiju to CJI Kiren Rijiju
    Tamil Nadu: Jallikattu begins in Madurai under Supreme Court guidelines  Jallikattu
    Hate speech: SC slams news channels, seeks government's strict stand Central Government

    Chief Justice of India

    RSS chief Bhagwat speaks in support of LGBTQ community Mohan Bhagwat
    Will confirm 44 judges' appointment soon: Centre to Supreme Court Kiren Rijiju
    Pleas challenging release of Bilkis Bano's rapists adjourned to mid-February Supreme Court Of India
    Cinema halls can prohibit outside food, beverages: Supreme Court   Supreme Court Of India

    Kerala High Court

    Kerala: Adani's Vizhinjam mega port project stalled as fisherfolk protest Adani Ports
    Amid government-governor spat, Kerala HC cancels appointment of university VC Kerala
    Kerala: Governor demands removal of finance minister over 'seditious' speech Kerala
    Kerala: School trip bus rams into passenger bus, 9 dead Kerala

    DY Chandrachud

    Hundreds killed for marrying outside caste every year: CJI Chandrachud Mumbai
    Amid tussle with Centre, SC takes 16-day 'absolute' winter break Supreme Court Of India
    CJI gets 'irritated' with Bilkis Bano's lawyer repeatedly mentioning plea Supreme Court Of India
    Fear of targeting makes judges reluctant to grant bail: CJI Chief Justice of India

    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