Supreme Court Set To Pronounce Verdict On Same-Sex Marriage Legalisation Today
The Supreme Court will deliver its verdict regarding the legal recognition of same-sex marriage in a momentous ruling that significantly impacts the lives of countless individuals seeking recognition of the same.
The long-anticipated judgment regarding the legal recognition of same-sex marriage is poised to be delivered by the Supreme Court on Tuesday, news agency PTI reported. A five-judge constitution bench, led by Chief Justice D Y Chandrachud, reserved its verdict on the matter after an exhaustive 10-day hearing on May 11. The constitution bench also comprises Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and P S Narasimha, who jointly examined the pleas.
The impending judgment will be accessible via the apex court's official website following its release, PTI cited a source as informing.
In the course of the deliberations, the Centre conveyed to the Supreme Court that issuing any constitutional declaration on the matter might not be the most prudent course of action, as per PTI's report. It contended that the court might not fully grasp the potential consequences and challenges that could arise from such a declaration.
Furthermore, the Centre informed the court that it had gathered responses from seven states regarding the issue of same-sex marriage. Of note, the governments of Rajasthan, Andhra Pradesh, and Assam expressed opposition to the petitioners' request for legal recognition of same-sex wedlock, the report mentioned.
The apex court had initiated the hearings on April 18, and during the proceedings on May 11, the bench clarified its position on providing a declaration for same-sex unions. They noted that they couldn't predict how Parliament might react to such a declaration. The bench asserted that passing a law to penalise the practice would require a fairly easy legislative consensus, comparing it to the earlier case of instant triple talaq.
The court consistently emphasised that it would not delve into personal laws governing marriages while addressing the pleas seeking judicial validation for same-sex marriages. They argued that the definition of a union, as stipulated in the Special Marriage Act, is not solely based on gender, the report stated.
Some petitioners urged the court to utilise its moral authority to encourage society to recognise same-sex marriages, ensuring that LGBTQIA++ individuals can lead lives of dignity on par with heterosexuals. The acronym LGBTQIA++ denotes lesbian, gay, bisexual, transgender, queer, questioning, intersex, pansexual, two-spirit, asexual, and ally individuals.
On May 3, the Centre informed the court that it would establish a committee, headed by the cabinet secretary, to explore administrative measures addressing the legitimate concerns of same-sex couples without delving into the issue of legalising their marriage. This submission came in response to the court's query on April 27 about extending social welfare benefits, such as joint bank accounts and nominee options in provident funds, gratuity, and pension schemes, to same-sex couples without addressing the issue of legalising their union.
As the nation awaits the landmark judgment, it marks a significant moment in the ongoing efforts for LGBTQIA++ rights and recognition in India.
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