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    Home / News / India News / Parliament must debate on same-sex marriage before SC decision: Rijiju
    India

    Parliament must debate on same-sex marriage before SC decision: Rijiju

    Parliament must debate on same-sex marriage before SC decision: Rijiju
    Written by Manzoor-ul-Hassan
    Mar 18, 2023, 04:03 pm 2 min read
    Parliament must debate on same-sex marriage before SC decision: Rijiju
    Law Minister Kiren Rijiju said on Saturday that Parliament debate was must on same-sex marriage before Supreme Court takes any decision

    Union Minister of Law and Justice Kiren Rijiju stated on Saturday the issue of same-sex marriage must be debated in the Parliament to come up with a law as it represents all parts of the country. He said that the Supreme Court, which is currently hearing the issue, could later change the statute if it finds the decision against the spirit of the Constitution.

    Why does this story matter?

    • Rijiju's comments come days after the Centre opposed the legal recognition of same-sex marriages in India in an affidavit filed before the Supreme Court. A day later, the court referred the matter to a five-judge Constitution bench.
    • India has roughly seven crore LGBTQ+ individuals, but the government has repeatedly opposed same-sex marriage registration even after the SC's 2018 judgment that decriminalized consensual gay sex.

    Supreme Court open to alter law: Law Minister Kiren Rijiju

    Speaking at the India Today Conclave 2023, Rijiju said same-sex marriages must be first debated in Parliament even though the Supreme Court has its own authority. "If any law passed by Parliament is not in the spirit of the Constitution, then the Supreme Court has the option to alter that thing or pass another judgment or refer it back to Parliament," he added.

    Leave it to people's wisdom: Rijiju

    "I leave it [same-sex marriage] to the wisdom of the people of the country who reflect the thinking of the country," Rijiu further said. "It is the Parliament. People sitting in Parliament cover all parts of the country," he added.

    Watch: Rijiju speaking at India Today Conclave 

    Here's what Union law minister @KirenRijiju said about same-sex marriage being transferred to a five-bench judge.
    Watch live: https://t.co/gt0Lp9vMqS#IndiaTodayConclave #Conclave23 @gauravcsawant pic.twitter.com/8mok81OzgM

    — IndiaToday (@IndiaToday) March 18, 2023

    Petitions on same-sex marriage with Constitution bench for final verdict 

    A three-judge bench led by Chief Justice of India (CJI) DY Chandrachud on Monday referred petitions seeking legal recognition of same-sex marriage to a five-judge Constitution bench, saying the decision "will have a huge bearing on society." "It would be appropriate if the issues raised are resolved by the bench of five judges...with due regard to A 145(3) of the Constitution," the bench said.

    Government opposed to legal validation of same-sex marriages 

    In its affidavit before the Supreme Court on March 12, the Centre said that same-sex marriage registration would be a breach of the country's existing personal and codified laws. It asked the court to dismiss challenges to the current legal system, arguing that same-sex relationships do not conform to the notion of the "Indian family unit."

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