Same-Sex Marriage 'Judgment Would Be Read Across Jurisdictions': Solicitor General Hails SC Bench - Highlights

Same Sex Marriage Verdict Highlights: Hello and welcome to ABP Live Same Sex Marriage Live Blog, please follow this space for all the latest updates on Supreme Court's verdict on same sex marriage.

Background

Same Sex Marriage Verdict Highlights: Hello and welcome to ABP Live Same Sex Marriage Live Blog, please follow this space for all the latest updates on Supreme Court's verdict on same sex marriage. 

The Supreme Court is scheduled to deliver its much anticipated verdict on the pleas seeking legal validation for the same sex marriage in the country on Tuesday. A five-judge Constitution bench headed by Chief Justice D Y Chandrachud had reserved its verdict on the matter on May 11 after a marathon hearings of 10 days. 

Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and P S Narasimha were also the part of the five-judge Constitution bench which commenced the hearing on the matter on April 18.

The Centre had largely opposed to the petitions during the hearing saying any constitutional declaration made by the apex court on the petitions seeking legal validation for same-sex marriage may not be a "correct course of action" as the court will not be able to foresee, envisage, comprehend and deal with its fallout.

The Centre had sought responses from the state on the matter and told the court that seven states had responded on the issue of same-sex marriage and the governments of Rajasthan, Andhra Pradesh and Assam had opposed the petitioners' contention seeking legal endorsement for such wedlock.

While hearing the matter, the bench made it clear that it would not go into personal laws governing marriages while deciding the pleas seeking judicial validation for same-sex marriages adding that the very notion of a man and a woman, as referred to in the Special Marriage Act, is not "an absolute based on genitals".

Some of the petitioners in the case had urged the Supreme Court

to use its plenary power, "prestige and moral authority" to push the society to acknowledge such a union which would ensure LGBTQIA++ lead a "dignified" life like heterosexuals.

LGBTQIA++ stands for lesbian, gay, bisexual, transgender, queer, questioning, intersex, pansexual, two-spirit, asexual and ally persons.

20:28 PM (IST)  •  17 Oct 2023

Same-Sex Marriage Verdict LIVE: 'Question of same-sex marriage requires legal recognition', Mahesh Jethmalani says

Senior advocate and Rajya Sabha MP Mahesh Jethmalani tells ANI, "...Supreme Court has said, we don't have the power to give you the right. It doesn't flow from the Constitution. If the right to marry flows from the Constitution then we could say that you have the right to marry as per the Constitution. So, if the right to marriage is not constitutionally guaranteed, then it can only be given to you only by law. The statute can only be passed by the legislature. So, they have said that the question of same-sex marriage requires legal recognition, and if it requires legal recognition, the only institution which can accord that recognition is Parliament and the Union Government."

18:10 PM (IST)  •  17 Oct 2023

Same-Sex Marriage Verdict LIVE: Expect Parliamentarians to take a necessary step, transgender activist says

"We expect the Parliamentarians to understand the feelings (of LGBTQ community) and take a necessary step in this issue," says transgender activist Reshma Prasad on Supreme Court's observation on same-sex marriage, as quoted by PTI.

18:08 PM (IST)  •  17 Oct 2023

Same-Sex Marriage Verdict LIVE: SC recognised that transgender persons in heterosexual relationships have right to marry under existing laws, advocate says

"They (Supreme Court bench) have recognised that queer couples face a lot of persecution and discrimination due to exclusion from the right to marry under existing laws. They have given certain directions to state, police, etc., on how to tackle such discrimination, and have recognised that transgender persons who are in heterosexual relationships do have the right to marry under existing laws," says advocate Shivangi Sharma on Supreme Court's observations on same-sex marriage, as quoted by PTI.

17:35 PM (IST)  •  17 Oct 2023

Same-Sex Marriage Verdict LIVE: 'Parliamentary system in our democratic system is capable': RSS leader Sunil Ambekar

RSS leader Sunil Ambekar told ANI, "RSS welcomes the decision given by the Supreme Court on same-sex marriage. It is correct that the parliamentary system in our democratic system is capable of addressing many issues related to it. They can make appropriate decisions on it."

17:05 PM (IST)  •  17 Oct 2023

Same-Sex Marriage Verdict: 'Judgment would be read across jurisdictions': Solicitor General hails SC bench

Solicitor General Tushar Mehta representing the Centre in the matter welcomes the judgement. "I wholeheartedly welcome the judgment. I am happy that my stand has been accepted. All four judgments have taken the jurisprudence of our nation and the intellectual exercise which went into writing the judgments to the next level. There are very few courts in the world where one can expect this level of intellectual and scholarly judicial exercise. This judgment would be read across jurisdictions," he said as per ANI.