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Business News/ News / India/  Supreme Court to pronounce verdict on validity of same-sex marriage tomorrow
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Supreme Court to pronounce verdict on validity of same-sex marriage tomorrow

The Supreme Court is likely to pronounce its verdict on the legal recognition of same-sex marriage on Tuesday. The apex court had reserved its judgment on 11 May on a batch of pleas seeking legal validation for same-sex marriage

The five-judge Constitution bench that was hearing the same sex-marriage pleas comprised Chief Justice DY Chandrachud and Justices SK Kaul, SR Bhat, Hima Kohli and PS NarasimhaPremium
The five-judge Constitution bench that was hearing the same sex-marriage pleas comprised Chief Justice DY Chandrachud and Justices SK Kaul, SR Bhat, Hima Kohli and PS Narasimha

The Supreme Court is likely to pronounce its verdict on the legal recognition of same-sex marriage on Tuesday. The apex court had reserved its judgment on 11 May on a batch of pleas seeking legal validation for same-sex marriage.

The five-judge Constitution bench that was hearing the pleas comprised Chief Justice DY Chandrachud and Justices SK Kaul, SR Bhat, Hima Kohli and PS Narasimha.

While hearing the case, Justice Bhat had said that there’s a constitutional doctrine that we have remained constant to — the court cannot direct legislation, cannot direct framing of a policy, and cannot enter the realm of policy-making. 

Same-sex marriage: What were the arguments of petitioners?

During the course of hearings, the petitioners said that “India is a marriage-based culture" and that LGBT (lesbian, gay, bisexual, and transgender) couples should be granted the same rights as any heterosexual couples have, like the status of “spouse" in finance and insurance issues; medial, inheritance, and succession decisions, and even in adoption and surrogacy matters.

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The petitioners sought recognition under the Special Marriage Act, as well as the Foreigners Marriage Act, in cases where one of the partners is a foreigner.

The petitioners cited provisions of the Indian Constitution, the Human Rights Declaration of the United Nations, as well as various international conventions and laws passed in several other countries giving equal rights to the LGBT community.

The Delhi Commission for Protection of Child Rights (DCPCR), through an intervention application, also advocated for the recognition of same-sex marriage citing the impact of such marriages on children.

Same-sex marriage: What were the Centre government's arguments?

On the other hand, the Centre government had opposed the petition. The Centre told the Supreme Court that any constitutional declaration made by it on pleas seeking legal validation for same-sex marriage may not be a "correct course of action" as the court will not be able to foresee, envisage, comprehend and deal with its fallout, PTI reported.

The Centre also told the Supreme Court that it had received responses from seven states on the issue of same-sex marriage and the governments of Rajasthan, Andhra Pradesh and Assam had opposed the petitioners' contention seeking legal endorsement for such wedlock.

 

 

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Published: 16 Oct 2023, 06:47 PM IST
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