Petition to Recognize Same-Sex Marriages to be Heard by Constitution Bench

The Supreme Court on Monday said that the request for recognition of same-sex marriage will be heard by Bench of Justice.

The bench of justice which includes DY Chandrachud and PS Narasimha and JB Pardiwala said that the same-sex marriage request raises issues concerning rights that are Constitutional in nature therefore, this would have to be heard by a Constitution bench of five judges.

The court in its order said, "Lot of issues rose before this court relates to right of transgender persons to marry as per natural constitutional entitlement. We are of considered view that issues here are resolved by 5 judges of this court under 145(3) of the Constitution. We direct hearing of this case be posted before a constitution bench.”

Article 145(3) of the Indian Constitution states that the minimum number of judges who are to sit for the purpose of deciding any case involving a substantial question of law as to the interpretation of this Constitution, shall be five.

The court fixed the hearing date for April 18.

The top court was hearing a batch of petitions seeking recognition of same-sex marriages under law. The pleas have sought that the right to marry a person of one’s choice should extend to LGBTQIA+ citizens as well.

The Central government has opposed the petitions filed before the Supreme Court by gay couples.

The Central government in an affidavit filed before the top court on Sunday  said that living together as partners and having sexual relationship by same sex individuals is not comparable to the Indian family unit concept which involves biological man and biological woman with children born out of such wedlock.

“The latter requires a biological man as a ‘husband’, a biological woman as a ‘wife’ and the children born out of the union between the two.” the government said.

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