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Same-sex marriage hearing Day 7 LIVE: SC begins hearing on a petition related to same-sex marriage
8 min read . Updated: 03 May 2023, 11:36 AM IST
PremiumSame-sex marriage: The legal recognition of same-sex marriage in India is currently being discussed and the Supreme Court will today resume the hearing as the arguments remained inconclusive on 27 April.
Earlier on 27 April, the SC had asked Centre to come back on May 3 with its response on the social benefits that same sex couples can be granted even without legal recognition of their marital status. The court posed the question after observing that the Centre's acceptance of right to cohabitation of same sex partners as a fundamental right cast a “corresponding duty" on it to recognise its social consequences. “You may or may not call it marriage but some label is necessary."
Same-sex partners from around the country have approached the Supreme Court with a plea stating that same sex marriages should be legalised under the Special Marriage Act.
A five-judge Constitution bench headed by Chief Justice D Y Chandrachud, hearing a batch of pleas seeking legal validation of same-sex marriage, took note of the submissions of the Centre, represented by Solicitor General Tushar Mehta, that “right to love, right to cohabit, right to choose one's partner, right to choose one’s sexual orientation" is a fundamental right.
Catch all LIVE updates here.
03 May 2023, 11:37:04 AM IST
Committee headed by cabinet secretary to be constituted to look at the issues faced by same-sex couple
Supreme Court Constitution Bench begins hearing on a petition related to same-sex marriage. Solicitor General Tushar Mehta apprises SC that a committee headed by the cabinet secretary will be constituted to look at the issues faced by the same-sex couple.
SG Mehta says petitioners can submit suggestions so that the committee can apply their minds to it.
03 May 2023, 10:52:40 AM IST
SC had asked Centre to respond on possible social benefits by May 3
Earlier on 27 April, SC had Centre to come back on May 3 with its response on the social benefits that same sex couples can be granted even without legal recognition of their marital status.
03 May 2023, 10:24:23 AM IST
VHP to hold nationwide protests against same-sex marriage plea in Supreme Court
On Monday, Vishwa Hindu Parishad (VHP) held a protest in Tripura's Agartala and said the outfit will orgainse similar protests nationwide against a plea in the Supreme Court on the issue. "Nationwide protests will be held against the plea in the Supreme Court. This plea is against the ethics of Sanatani beliefs," VHP Tripura chief Mahendrapal Singh said. Opposing the plea, Singh said that the Hindu Marriage Act 1954 is sacred and should not be changed.
"Hindu Marriage Act 1954 is very sacred and based on the 'sanatani' belief and it should remain unchanged and unchallenged," Singh said. "All the saints and educated fraternities have strongly objected to this unexpected anticipation," he added.
03 May 2023, 10:02:05 AM IST
Same-sex marriage hearing: A recap of last 6 hearings
Day 1: Notions of man, woman, genitals do not define gender in absolute sense: Supreme Court
Day 2: Argument that children of same-sex married couple will be impacted incorrect; gay, lesbian persons can already adopt individually: Supreme Court
Day 3: Supreme Court flags trolling based on oral observations, questions raised during hearings
Day 4: Recognition of same-sex marriage would require re-enactment of other laws; is this our job? Supreme Court asks
Day 5: United States Supreme Court decision in Dobbs vs. Jackson is incorrect; we have gone far ahead: Supreme Court of India/ There are genderless people, gender as per mood swings; cannot reconcile with statutes: SG Tushar Mehta
Day 6: Supreme Court says recognising same-sex marriage up to legislature; but asks Centre to devise means to confer rights without marriage label
03 May 2023, 09:58:04 AM IST
Same-sex marriage hearing: SC to hear batch of 20 petitions
Supreme Court of India to resume hearing a batch of 20 petitions seeking to legalise same sex marriage. 5-judge Constitution bench to begin hearing today post 11 am
03 May 2023, 09:42:35 AM IST
Same-sex marriage hearing- Key highlights
Today will be the 7th day of the crucial hearing where millions of people in the country are seeking legal validation for same-sex marriages.
Here are highlights of what the Supreme Court's 5-judge bench said so far:
- Notions of man, woman, and genitals do not define gender in an absolute sense
- It is incorrect to say that children of same-sex married couples will be impacted; gay, and lesbian persons can already adopt kids individually, the court said
- Supreme Court flags trolling based on oral observations
- US court decision in Dobbs vs. Jackson is incorrect; we have gone far ahead: Supreme Court of India
- The apex court says that recognising same-sex marriage is up to the legislature; but asks Centre to devise means to confer rights without a marriage label
03 May 2023, 09:10:43 AM IST
Day 7: Supreme Court bench to begin same-sex hearing today post 11 am
Supreme Court of India to resume hearing a batch of 20 petitions seeking to legalise same sex marriage on Wednesday (3 May).
A 5-judge Constitution bench will begin hearing today post 11 am.
03 May 2023, 08:11:53 AM IST
Petitions being heard by SC on same-sex marriage
Various petitions are being dealt with by Supreme Court seeking legal recognition of same-sex marriage. The Centre has opposed the petitions. One of the petitions earlier raised the absence of a legal framework which allowed members of the LGBTQ community to marry any person of their choice.
In an affidavit filed before the apex court, the government submitted that despite the decriminalisation of Section 377 of the Indian Penal Code, the petitioners cannot claim a fundamental right for same-sex marriage to be recognised under the laws of the country. The petitioners have cited that right to marry cannot be withheld from a section of people based solely on their sexual orientation. The batch of petitions challenge the provisions of the Hindu Marriage Act, Foreign Marriage Act and Special Marriage Act to the extent they do not recognize same-sex marriages.
The 5 bench judges are hearing the petitions - Chief Justice DY Chandrachud, Justice Sanjay Kishan Kaul, Justice Ravindra Bhat, Justice Hima Kohli, and Justice PS Narasimha
03 May 2023, 07:37:06 AM IST
Kangana Ranaut backs same-sex marriage,
Lending support to same-sex marriage, actor Kangana Ranaut has said people's preferences do not matter when their "hearts are one". The National Award winner further described marriage as "a bond of love".
"Marriage is a bond of love. When people's hearts are one... what their preference is, what can we say about that?" Ranaut told reporters in Haridwar on Sunday. Apurva Asrani, co-writer of her 2017 film "Simran", thanked the actor for backing "marriage equality" at a time when most stars are shy of speaking up.
03 May 2023, 07:25:20 AM IST
Same-sex marriage 'blot on humankind', no need to accept verdict if legalised: Puri Peeth Shankaracharya
Same-sex marriage is a "blot on humankind" and there is no need to accept a Supreme Court judgment that legalises it, the Shankaracharya of the Puri Peeth had said. Swami Nischalananda Saraswati of the Govardhan Math said if such a judgment comes, nature will punish the judges. The matter comes within the purview of religious leaders and not a subject to be decided by the court, he added.
"Same-sex marriage is a blot on humankind and there is no need to accept a decision if it is legalised by the Supreme Court," the Shankaracharya said
03 May 2023, 07:18:39 AM IST
Over 120 eminent citizens write to President Murmu opposing legal sanction for same-sex marriages
More than 120 eminent citizens, including retired high court judges and former bureaucrats, have written to President Droupadi Murmu opposing what they called "highly objectionable attempts" to legalise same-sex marriages.
They said the Indian society and culture do not accept same-sex behavioural institution as it is irrational and unnatural.
The signatories said they were "shocked" over the "continuous onslaught" against the country's basic cultural traditions and religious tenets, in particular, the "highly objectionable attempts" towards legalisation of same-sex union.
The deliberation regarding human institutional relations like that of a marriage is "essentially a legislative function", they said, claiming that the courts should "refrain" from creating or recognising or demolishing the institution of marriage either by way of ajudicial interpretation or striking down or reading down the existing legislative framework for marriages.
03 May 2023, 07:08:36 AM IST
SCBA condemns BCI statement opposing hearing of same-sex marriage
The Supreme Court Bar Association (SCBA) had condemned the statement issued by the Bar Council of India (BCI) against the marriage equality hearing in the Supreme Court.
According to a statement, the SCBA Executive Committee said it feels highly inappropriate for the BCI to issue a Press Statement dated April 23, 2023, opposing a hearing of the matter before the Supreme Court.
"It is the duty of the Court to hear the petition and decide whether the matter should be adjudicated by the Court or left to the wisdom of Parliament. This resolution should not be construed in any manner that we are supporting or opposing the petitioner in the matter pending before the Supreme Court," SCBA said.
03 May 2023, 06:55:48 AM IST
Same-sex marriage: SC hints it may refer challenge to notice provision under Spl Marriage Act to 2-judge bench
On April 27, The Supreme Court indicated it might refer for adjudication by a two-judge bench the challenge to the 30-day prior notice provision in the Special Marriage Act, 1954.
The Special Marriage Act, 1954 provides a legal framework for the marriage of people belonging to different religions or castes. It governs a civil marriage where the state sanctions the marriage rather than the religion.
03 May 2023, 06:53:56 AM IST
Is marriage a fundamental right in India?
According to the Article 21 of the Constitution of India, Marriage is an element of the right to life. Article 21 of the Constitution guarantees the right to marry the person of one's choice. "The role of society in deciding our choice of spouses is non-existent. "Article 21, which deals with the right to life and personal liberty, boasts a rather holistic provision that encompasses the inalienable right to marry the person of one's choice.
03 May 2023, 06:53:22 AM IST
Govt on same-sex marriages: ‘Seeking recognition of relationship not fundamental’
The Supreme Court of India has been hearing arguments in context with granting legal sanction to same-sex marriage. During the hearing, Solicitor General representing the Central Government stated that there is ‘ no fundamental right in seeking recognition of a relationship as a marriage. “Right to love, right to cohabit, right to choose a partner, right to have a sexual orientation is a fundamental right but there is no fundamental right to seek recognition of that relationship as a marriage or in any other name", Tushar Mehta was heard saying during the sixth day of the hearing.
03 May 2023, 06:51:06 AM IST
Quick recap: SC had Centre to respond on possible social benefits by May 3
Earlier on 27 April, SC had Centre to come back on May 3 with its response on the social benefits that same sex couples can be granted even without legal recognition of their marital status.
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