Same-Sex Marriage: Supreme Court Constitutes Five Judge Bench To Hear Pleas From April 18

The Supreme Court has notified that the five-judge constitution bench will hear a batch of pleas seeking legal recognition for same-sex marriage from April 18.

The Supreme Court has notified that the five-judge constitution bench will hear a batch of pleas seeking legal recognition for same-sex marriage from April 18. The bench will comprise Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul, Justice Ravindra Bhat, Justice Hima Kohli and Justice PS Narasimha. On March 13, a three-judge bench comprising Chief Justice of India (CJI) DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala referred the petitions to a Constitution Bench.

The batch of petitions challenges the Hindu Marriage Act, Foreign Marriage Act and Special Marriage Act provisions saying that they do not allow and recognize same-sex marriages, reported LiveLaw. A bench led by CJI DY Chandrachud transferred the pending petitions on the issue from High Courts to the Supreme in January.

And in March, the government of India filed its counter-affidavit opposing the pleas. It said that it was a matter for the legislature to decide.

The Centre filed an affidavit before the Supreme Court opposing recognition of same-sex marriage. In its affidavit, the Centre has said that same-sex relationships and heterosexual relationships are clearly distinct classes that cannot be treated identically, as per a report by news agency ANI. 

The Centre apprised the top court that living together as partners by same-sex individuals, which is decriminalised now, is not comparable with the Indian family unit concept of a husband, a wife and children born out of the union.

The top court's five-judge Constitution bench, in a path-breaking unanimous verdict delivered on September 6, 2018, held that consensual sex among adult homosexuals or heterosexuals in a private space is not a crime while striking down a part of the British-era penal law that criminalised it on the ground that it violated the constitutional right to equality and dignity.

Meanwhile, earlier in March, a group of former Judges issued a statement urging people pursuing the issue of same-sex marriage in the Supreme Court to refrain from doing so "in the interest of the society".

"We respectfully urge the conscious members of the society including those who are pursuing the issue of same-sex marriage In Supreme Court to refrain from doing so in the best interest of Indian society and culture," read the statement released by the judges.