The Supreme Court again detains the Same-Sex marriage decision regarding its legal position. After a long-run battle of trials and clashes, the Collegium retained the order on May 11, 2023 (Thursday). The petitioners demanded homo marriage be declared legitimate and that the government accept their appeal.
However, after intense hearings from both sides, the Supreme Court seems to need more time and consideration to look into the consequences of this matter. Moreover, the summer vacation is about to begin in a few days from May 22 (Monday) and then the Court will resume its session on July 03, 2023 (Monday).
The highest law body in India is likely to make the settlement after this break. While LGBTQ+ Community wants equality in their rights, many of them marched along the roads with rainbow-coloured flags.
SC Seeks Legal Recognition
The Supreme Court hinders the plea after a bench of five judges argued about gay marriage including Justices Hima Kohli, Sanjay Kishan Kaul, S Ravindra Bhat, PS Narasimha and Dhananjaya Y Chandrachud, the Chief Justice of India who also administers the sitting.
The panel heard the law counsels and gave final submissions. The senior barristers from the petitioners’ side included Raju Ramachandran, Mukul Rohatgi, Anand Grover, KV Viswanathan, Abhishek Manu Singhvi, Geeta Luthra, Menaka Guruswamy and Saurabh Kirpal among others, emphasized equality.
A Plea for Equality
The eloquence presented the case in favour of LBBTQIA+ so that they are granted equal rights and recognition of their unions across India. They are of the view that homosexual marriages have the right to be called legal like any other marriage.
Under the Special Marriage Act (SMA), this can be acknowledged by the Indian Government to honour and revere the LGBTQ Community. Apart from this, the group has acquired access to social security as well as other welfare benefits deservedly.
The Union Government repelled the concept of gay marriage saying that according to the legislative policy of the nation, only the union between a biological man and biological woman is corroborated and any reform is in the hands of the Parliament.
Indian Constitution: A Tradition Breaker
On Same-Sex Marriages in India, the Supreme Court of India commented that the Indian Constitution is itself a ‘Tradition Breaker’. When hearing Rakesh Dwivedi, the Senior Lawyer for the Respondents, Justice S Ravindra Bhat mentioned that traditions are often broken in India looking at the example that inter-caste marriages were illegal almost 5 decades ago.
Currently, it refrained from giving any decision about homo marriage. Justice Bhat also asserted that it would be better left to the Parliament as it is the supreme legislative body of India and the real decision-maker.
In addition to this, the Union Government sent an official letter to 7 states in order to seek views about the legal validation of same-sex marriages. Out of which, 3 states namely Assam, Rajasthan and Andhra Pradesh have strongly disapproved of the idea of permitting gay unions. It stated that only the supreme regulatory council is responsible to make laws and formulate societal opinions about religious belief systems.
Final Ruling Yet to be Declared
Some of the states involving Maharashtra, Uttar Pradesh, Sikkim and Manipur require more time to think about the matter. During the 10-day hearing session, the five-judge bench postulated various possibilities such as adjusting some of the words in the Special Marriage Act (SMA) to make it neutral for genders.
The judges also said that probably an affirmation of same-sex marriages can be left to the Indian Government or constitutional status to the right to marry can be granted. But the court has not yet released its final views about it. In July 2023, the court can resolve the issue.
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