While hearing the legality of same-sex marriage in India, the Supreme Court on Wednesday observed that couples in a gay and lesbian relationship can still adopt children. The five-judge bench made the observations while hearing the matter for the second consecutive day and will resume the hearing on Thursday.
Centre has opposed the idea of granting legal status to same-sex marriage and submitted that the petitions are reflecting "urban elitist views for the purpose of social acceptance".
Responding to the objections, CJI Chandrachud observed that the government has submitted no data set to show that same-sex marriage is an urban elitist concept.
"When you see it is innate characteristics then it counters urban elitist concept.. urban perhaps because more people are coming out of the closet. The government does not have any data also to show that same-sex marriage is an urban elitist concept," the Chief Justice of India said.
CJI Chandrachud also made observations on the issue of the psychological aspect of children of gay and lesbian couples. “Incidentally, even if a couple is in a gay relationship or a lesbian relationship, one of them can still adopt. So the argument that this will create a psychological impact on the child is belied by the fact that today as the law stands, it's open. It's just that the child loses the benefits of parenthood of both the parents," the top judge said.
When the lawyer for petitioners Abhishek Manu Singhvi submitted that marital status by itself is a source of dignity, fulfillment, and self-respect, Justice Bhat asked “One question, for instance, take insurance, the insurance law per se is subject to regulation. So do we have IRDA regulations or these are standard policies that are approved.”
To which the lawyer replied that it will originate from IRDA requirements but they will be in all policies.
Justice Bhat then added, “There are certain things which can be done straight away without entering other arenas. If there is no prohibition in parent enactment, it becomes that much easier.”
The discussions also went around the Special Marriage Act with Singhvi submitting that "the SMA is a nonreligious marriage related legislation. This addresses the point of the respondent which is the cultural understanding of marriage as a union. Cultural understanding of marriage was not the basis of SMA."
To which Justice Chandrachud observed, “So you're saying that the SMA was intended to be agnostic to faith. So by reading it as agnostic to sexual orientation, you are not making a leap of faith.”
On the issue of tax issues in marriage, Singhvi said that some people don't get married for the tax benefit, to which Justice Kaul responded “Some people get separated to get tax benefits.”
The Centre on Wednesday also submitted an affidavit and urged the Supreme Court that all states and Union Territories be made parties to the proceedings on the pleas seeking legal validation for same-sex marriages.
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