Supreme Court transfers all same-sex marriage recognition pleas to itself
The Supreme Court on Friday transferred all petitions seeking the recognition of same-sex marriages in India—which are pending before various High Courts—to itself, Live Law reported. A bench comprising Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and PS Narasimha asked the Centre to respond to the petitions by February 15. The case will be heard again on March 13.
Why does this story matter?
- The call for the legal recognition of same-sex marriages in India initially gained momentum after the country's apex court, in a landmark judgment, officially decriminalized homosexuality in 2018.
- Since then, petitioners have been contesting that the refusal of the registration of same-sex marriages amounts to discrimination against the LGBTQ+ community and a violation of their fundamental rights.
Petitioners seek 'authoritative pronouncement' from SC
The apex court's decision came after counsels for petitioners said that they wanted appeals pending before various High Courts to be moved to the SC for an "authoritative pronouncement," reported PTI. Representing the Centre, Solicitor General Tushar Mehta said the Delhi HC would soon hear pleas demanding same-sex marriage recognition, suggesting the SC could wait for the verdict or transfer all pleas to itself.
Transfer all petitions on same-sex marriages: Top court
The top court bench said, "To obviate any difficulty to a petitioner who cannot engage a counsel or travel to Delhi, all the petitioners are provided liberty to appear on virtual platform and advance their submissions (sic)." "Since several petitions are pending before diverse High Courts on the same subject, we direct to transfer all petitions before this court," added the bench.
Centre against same-sex marriage
Notably, the government has consistently opposed same-sex marriage pleas. During various HC hearings, the Centre claimed same-sex marriages weren't part of Indian law or culture, even claiming that such relationships couldn't be likened to an "Indian family unit." Mehta, in a separate hearing, had informed an HC that only marriage between a "biological woman" and a "biological man" was permissible under the Indian Constitution.
Decriminalization of Section 377
In December, Bharatiya Janata Party (BJP) MP Sushil Kumar Modi also claimed in the Parliament that same-sex marriages should never be made legal in the nation. To recall, in 2018, the apex court declared the "tyranny" under the 156-year-old Section 377 as "irrational, indefensible, and manifestly arbitrary" while striking it down. Under the now-defunct Section 377, homosexuality was punishable by a 10-year imprisonment.
