Same Sex Marriage Case: The Supreme Court has handed over the matter of giving legal recognition to gay marriage to a constitution bench of 5 judges. There will be a hearing on this matter on 18 April. In the petition, registration of same-sex marriage has been demanded under the Special Marriage Act. The Center has said that it will be against the family system of India. There will also be legal hurdles in this
On January 6 this year, the Supreme Court had issued a notice to the Center on the issue of same-sex marriage. Along with this, the pending petitions in different High Courts were transferred to him. Now there are more than 15 petitions before the court. Most of the petitions have been filed by gay, lesbian and transgender people.
What did the Law Ministry say?
Replying to the matter, the Union Law Ministry has said that the family in India consists of husband and wife and their children. Gay marriage is against this social belief. The marriage law passed by the Parliament and the traditions of different religions do not accept this type of marriage. With the recognition of such a marriage, it will be difficult to implement all the legal provisions like dowry, domestic violence law, divorce, alimony, dowry death. All these laws have been made considering a man as husband and woman as wife.
What is the matter?
In some petitions filed in the Supreme Court, there has been a demand to bring same-sex marriages under the Special Marriage Act and register them. The petitioners have said that in 2018, the Constitution Bench of the Supreme Court struck down a portion of Section 377 of the IPC that criminalized homosexuality. Because of this, a consensual homosexual relationship between two adults is no longer considered a crime. In such a situation, same-sex couples who wish to live together should also be allowed to marry legally.
What did the counsel for the petitioner say?
In a hearing before a bench of Chief Justice DY Chandrachud, Justices PS Narasimha and JB Pardiwala, the counsel for the petitioner side responded to the Centre. opposed. He said that marriage is a constitutional and natural right of gay people. Due to not getting legal status of their marriage, they face many problems. Solicitor General Tushar Mehta, appearing for the Central Government, said that this is a matter which should be left to the Parliament. The case will have a far-reaching impact on Indian society.
What did the Solicitor General say?
The Solicitor General also said that if such marriages are recognized then same-sex couples would adopt children in future. It also needs to be considered that what kind of impact it will have on the mental state of the child living with the same-sex couple. At the end of the hearing, the 3-judge bench said that due to the legal aspects and social importance of the case, it is handing it over to the constitution bench. In the further hearing all the parties will be given full opportunity to present their views.
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