The Supreme Court will pronounce its verdict on Tuesday on pleas seeking legal recognition for same-sex marriages in the country.
A five-judge constitution bench headed by Chief Justice D Y Chandrachud reserved its judgment on May 11 after 10 days of marathon hearings. The other members of the bench are Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and P S Narasimha.
During the hearing, Chief Justice of India (CJI) DY Chandrachud said by decriminalizing homosexuality, the Supreme Court not only recognized relationships between consenting adults of the same gender but also acknowledged that homosexual relationships are not just physical but also emotional, stable relationships.
The CJI had also said that the court has already reached the intermediate stage, which contemplates that people belonging to the same sex can be in “stable marriage-like relationships.” The top court had said an individual in a homosexual relationship is not precluded from adopting a child under the law irrespective of marital status.
The apex court had, on January 6 this year, clubbed and transferred to itself all such petitions pending before different high courts, including the Delhi High Court. It started hearings on the matter in March and reserved its verdict on May 11, 2023.
Centre Opposes Same Sex Marriage
In an affidavit filed before the Supreme Court, the Centre has opposed the legal recognition of same-sex marriages in India. Citing the concept of Indian families, the Centre told the apex court that same-sex relationships & heterosexual relationships are a “distinctive” class of relationships and they cannot be treated identically.
The Centre had argued that it is only the legislature that can pass a law in this regard.
The central government said the legal recognition of the institution of marriage, “was limited to a relationship between a man and a woman, represented as a husband and wife.” It said that the legal recognition of same-sex marriages results in the violation of existing and codified law provisions including, ‘conditions of marriage,’ ‘ceremonial and ritual requirements,’ and‘ degrees of prohibited relationship.’
On September 6, 2018, the top court’s five-judge Constitution bench, in a path-breaking unanimous verdict, held that consensual sex among adult homosexuals or heterosexuals in a private space is not a crime.
It also removed a part of the British-era penal law that criminalised it on the ground that it violated the constitutional right to equality and dignity.
The Supreme Court had observed that members of the LGBT community possessed the same fundamental rights as others. This issue of sexual orientation and its relationship to the fundamental rights of individuals has been at the heart of the debate.