The Central government on Wednesday told the Supreme Court that it will form a committee headed by the cabinet secretary to look into the issues faced by same-sex couples, reported ANI. The Centre said that the panel will consider and examine the suggestions by the LGBTQIA community with respect to their concerns when in cohabitory relationships with persons of the same gender, according to Bar and Bench. Solicitor General Tushar Mehta made the submissions to that effect during the hearing of the petitions seeking legalisation of same-sex marriages.
"Issue was some genuine human concerns and the discussion was if something can be done administratively. Government is positive. This would need coordination by different ministries. A committee headed by cabinet secretary will be formed and suggestions given by the petitioners will be addressed," he said, as quoted by Bar and Bench.
Notably, a Constitution Bench of the Supreme Court has been hearing a batch of pleas seeking legal recognition of same-sex marriages in India. The bench is headed by Chief Justice of India DY Chandrachud and comprises Justices Sanjay Kishan Kaul, S Ravindra Bhat, PS Narasimha and Hima Kohli.
The batch of petitions has sought the legal validation of same-sex marriages under the law, arguing that the right to marry a person of one’s choice should extend to LGBTQIA+ citizens as well. The Central government has opposed the petitions.
In an affidavit filed before the top court, the Central government argued that living together as partners and having sexual relationships with same-sex individuals is not comparable to the Indian family unit concept.
On Thursday, the top court focused on the social living together between same-sex couples must find some "acknowledgment" in regulation, and got some information about how far going in taking "authoritative" steps to ensure social security and welfare benefits to them - even in absence of legal recognition of marriage.
“Once you accept the fact that same-sex couples have a right to cohabit, there is a corresponding duty on the State to at least recognise that cohabitation…As a welfare State, as a democratic State, these are aspirations of the people that there has to be some recognition. So, what can the State do?” the bench asked.
Meanwhile, in an open letter to President Droupadi Murmu, a group of former judges, IPS officers, and bureaucrats "request for intervention for saving of Indian cultural traditions, religious tenets and social values."
"...If we revise the law to make same-sex sexual union rational, acceptable or moral, it will open the doors to same-sex sexual culture. Our society and culture do not accept same-sex behavioural institutions because it is offensive to our values, besides being irrational and unnatural..," reads the letter, as reported by ANI.
"It is widely appreciated that same-sex relationships can’t create long-term or stable institutions; and if they are allowed to adopt children, they can’t maintain stable and long-lasting relationships with their families, parents, relatives and partners. The health and future of such children will be severely compromised," the open letter further reads.
"India cannot afford that its future generations to live in such an atmosphere, which surely will produce more gays and lesbians, and tear apart and destroy the institutions of ‘family’ and ‘society’ irreparably. They won’t know about their parents, ancestors, culture, religious tenets and age-old values," reads the letter.