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    Home / News / India News / SC reserves judgment on petitions pertaining to same-sex marriage
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    SC reserves judgment on petitions pertaining to same-sex marriage
    The Supreme Court reserved its verdict on a batch of pleas seeking legal validation of same-sex marriage

    SC reserves judgment on petitions pertaining to same-sex marriage

    By Snehadri Sarkar
    May 11, 2023
    06:15 pm

    What's the story

    After ten days of hearing, the Supreme Court (SC) Constitution Bench reserved its judgment on various petitions pertaining to marriage equality rights for the LGBTQIA+ community on Thursday.

    The SC bench comprising Chief Justice of India (CJI) DY Chandrachud and Justices PS Narasimha, S Ravindra Bhat, Sanjay Kishan Kaul, and Hima Kohli reserved the judgment.

    Context

    Why does this story matter?

    The move comes after the court heard nearly 40 lawyers before it decided to reserve the case for judgment. The SC is now expected to deliver the judgment after it reopens post-summer vacation in July.

    To recall, the country's top court started hearing a batch of petitions seeking the legalization of same-sex marriages under the Special Marriage Act in India on April 18.

    Details

    Details on same-sex marriage case

    During the hearing, the petitioners' lawyers urged the top court to reinterpret the 1954 Special Marriage Act provision—to mean marriage between "persons" instead of marriage between a woman and a man.

    The Centre has contended that legalizing same-sex marriages isn't in the court's domain, but for Parliament to legislate on it after consulting with the states.

    Twitter Post

    Twitter Post on same-sex marriage 

    Supreme Court Constitution Bench reserves judgement on various petitions pertaining to marriage equality rights for the LGBTQIA+ community. pic.twitter.com/jZGmofiNy7

    — ANI (@ANI) May 11, 2023

    More details

    Center's advice to SC over same-sex marriage

    On Wednesday, the Centre told the SC that any constitutional declaration made by it on pleas demanding legal validation for same-sex marriage might not be a "correct course of action" as the top court wouldn't be able to envisage, foresee, comprehend, and deal with its fallout.

    It also told the court that it had received responses from seven states and governments opposing the same.

    Know more

    Solicitor Mehta flags concerns

    Appearing for the Centre, Solicitor General Tushar Mehta told the bench that during Tuesday's hearing, "It was felt that there is a possibility of a declaration being made, something less than marriage but something more than the present status."

    "Your lordships' declaration would be a law within the meaning of Article 141, binding all, not just all courts, binding the whole nation," he added.

    Further information

    SC rejects plea seeking CJI's removal from same-sex marriage bench

    Meanwhile, the apex court rejected an appeal that sought the removal of Chandrachud from the bench hearing pleas related to same-sex marriages.

    The plea, moved by an individual named Anson Thomas, was turned down by the top court on Wednesday.

    "Thank you Mr. Thomas, application rejected," news agency PTI quoted the CJI as saying.

    Futher details

    Petitioners seek marriage equality for social security, adoption rights

    The petitions seek marriage equality for queer unions under the Foreign Marriage Act, Hindu Marriage Act, and Special Marriage Act.

    Non-recognition of queer marriages contains LGBTQ+ individuals from accessing adoption rights, social security benefits, and medical autonomy, as enjoyed by heterosexual couples.

    However, the Centre has maintained that LGBTQ+ marriages are incompatible with the Indian family unit's heteronormative concept.

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