SC refers the matter of legality of same-sex marriage to constitution bench, 5-judge bench will hear - Newztezz Online


Monday, March 13, 2023

SC refers the matter of legality of same-sex marriage to constitution bench, 5-judge bench will hear

The Center had opposed this petition, after which the Supreme Court has now directed to list the petitions related to legal recognition of gay marriage before the constitution bench.

New Delhi. The Supreme Court has sent the petitions related to giving legal recognition to same-sex marriage to a constitution bench of 5 judges. The hearing of the case will be on April 18. The Supreme Court said that it is sending the matter to the constitution bench in the next hearing. The court said that this matter is related to the right to life, the right to live with dignity. Since this matter is related to constitutional questions. Keeping this in mind, we believe that the Constitution Bench should consider this issue.

Earlier during the hearing, Solicitor General Tushar Mehta told the CGI bench that the right to love, the right to express is already intact and no one is interfering in that right but the court said that this should not mean It should also include the right to marry and the courts should be careful in doing so.

What did petitioner's lawyer Manu Singhvi say?

Advocate Abhishek Manu Singhvi, appearing for the petitioner, said that there is a general philosophical proposition. We believe that the right to love is what makes us human, Oscar Wilde speaks about it and Navtej Johar decides. The right to marry cannot be denied to any class of person merely on the basis of their sexual orientation.

Singhvi said that if the right to marry is extended to this class, it should be extended in similar terms. The Special Marriage Act should be read in such a way that such sections can also be extended. Words like man, woman have to be abolished. Singhvi said that the system of necessary notices for marriage etc. should be abolished. The CJI said it is irrespective of gender and applies to heterosexual unions as well, are there separate pleas? Singhvi said that even in interfaith marriages, the waiting period for the notice leads to enmity and murders.

Hearing will be held on April 18

SG said that he is debating on merit. Singhvi said that very short notice is needed in this matter. These are some of the points we rely on. The CJI said that the same-sex marriage case will be heard on April 18. The court has asked all the petitioners to make a chart on which issues and legal questions will be heard.

Live streaming demand

At the same time, the petitioner's lawyer Neeraj Kaul demanded that there should be live streaming of the hearing of this case. Advocate Kaul said that in Section 4 of the Special Marriage Act, the word marriage has been used between two persons. Not of man or woman. It refers to marriage between any two persons. Where the spouse of either party is not alive and is not capable of giving valid consent to the marriage.

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