SC refers same-sex marriage pleas to a five-judge Constitution bench, hearing to start from April 18

The Supreme Court on Monday sent pleas seeking recognition of same sex marriage to a five-judge Constitution bench. The case hearing will start on April 18. 

This comes a day after the Centre in its counter affidavit opposed apex court petitions seeking recognition of same-sex marriage. While filing a counter-affidavit, the government said that decriminalisation of Section 377 IPC does not give rise to a claim to seek recognition for same-sex marriage.

In its affidavit filed in the top court, the Union Government said “Parliament has designed and framed the marriage laws in the country, which are governed by the personal laws/codified laws relatable to customs of various religious communities, to recognise only the union of a man and a woman to be capable of legal sanction, and thereby claim legal and statutory rights and consequences” and “any interference with the same would cause a complete havoc with the delicate balance of personal laws in the country and in accepted societal values”.

The Centre urged the top court to leave the issue to Parliament as any “recognised deviation…can occur only before the competent legislature”. It also said that “despite the decriminalisation of Section 377 of the Indian Penal Code (IPC), the Petitioners cannot claim a fundamental right for same-sex marriage to be recognised under the laws of the country”.

Also Read: Centre files counter affidavit on same-sex marriage to Supreme Court