The Supreme Court will give its verdict on same-sex marriage on October 17 at 10.30 am. A Constitution bench of five judges will decide whether gay marriage will get legal recognition or not. Through a petition filed in the court, a demand was made to give legal approval to gay marriage. It was said in the petition that gay marriage should be brought under the Special Marriage Act.
A five-member Constitution bench of CJI Justice DY Chandrachud, Justice Sanjay Kishan Kaul, Justice S Ravindra Bhat, Justice Hima Kohli and Justice PS Narasimha had reserved its decision on May 11 after ten days of hearing. Now the court will give its verdict on Tuesday.
The court had sought reply on the government's argument
20 petitions were filed in the Supreme Court to give legal recognition to gay marriage. The hearing on these continued for 7 days. In this matter, Solicitor General Tushar Mehta said that the Central Government is ready to form a committee to find a solution. However, this committee will not discuss the issue of recognizing such marriages. Those advocating gay marriage can give their suggestions regarding this. They can tell what steps can be taken in this matter.
The Supreme Court had questioned the government in this matter. The court says that homosexuals cannot be separated from the society. Therefore, the Central Government should tell what steps it wants to take for them because if the Judiciary takes any step on its own in this matter, then the matter will become a legal issue.
Solicitor General Tushar Mehta had presented the case on behalf of the Central Government. He had said, the petitioners say that gay marriage should be brought under the Special Marriage Act, but this Special Marriage Act is only for those who are of the opposite gender. The government is not obliged to recognize personal relationships.
Homosexuality was decriminalized
Earlier in 2018, the Supreme Court had given an important decision for homosexuals. The court had canceled a part of Section 377 of the IPC, which criminalizes homosexuality.
The petitioners say that after the Supreme Court's decision in 2018, homosexual relations formed between two adults through mutual consent are no longer considered a crime. Therefore, now gay marriage should also be legally approved.
The decision was reserved after 6 days of hearing, know when and what arguments were given.
18 April 2023: On the first day of the hearing, the Supreme Court said that it will see what kind of rights can be given to gay couples through the Special Marriage Act of 1954. On this, the solicitor said that from the legal point of view, it should be seen how the relationship is between a biological woman and a man. The petitions that have been filed in this regard reflect the thinking of the people of the elite class.
April 19: On the second day of the hearing, the central government demanded to include the states in the debate. At the same time, Abhishek Manu Singhvi presented his side on behalf of the petitioners. He has argued that marriage is needed to avail benefits of things like surrogacy, adoption, compassionate government appointments.
April 20: On the third day of the hearing, there was a debate on the adoption of the child. The petitioners had said that LGBTQ parents are equally eligible to adopt and raise children as parents of opposite genders.
April 25: On the fourth day, regarding the Special Marriage Act, the court said that if we try to bring gay marriage under this Act, then reforms will have to be made in the Personal Law Board also. The judges said that if this happens the case could be reversed. Therefore we need to see that gay marriage cannot be given rights.
April 26: During the debate, Solicitor General Tushar Mehta said that the same law cannot have different views for different people. He said, it has not been told what the + in LGBTQIA+ means. There are 72 shades and categories in it.
April 27: The Supreme Court had asked the Center to tell us what steps the government is preparing to take for homosexuals. They cannot be separated from the society. On this, Tushar Mehta had said that the Central Government is not bound to recognize the personal relationships formed between them.
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