A five-judge constitution bench of the Supreme Court of India will now hear petitions for same-sex marriage. The hearing will start in the Supreme Court from April 18.
Supreme Court Chief Justice DY Chandrachud, while hearing several petitions related to this issue, said, “We will hear this matter on April 18. We will hear it as a constitutional matter under Article 145(3).”
Solicitor General Tushar Mehta, appearing for the government, said that it should be decided by the Parliament whether to recognize the same sex marriage or not.
On the other hand, senior advocate Neeraj Kishan Kaul, appearing for one of the petitioners, said, “The word marriage between two persons has been used in Section 4 of the Act of the Special Marriage Act.”
In this case, the Supreme Court says that, “All personal laws and legal provisions related to marriage recognize only the relationship between a man and a woman. When there is a clear law about this and in which this thing has been clarified, then the law has to be revised. Judicial interference cannot be allowed to write from. When the words ‘man’ and ‘woman’ have been used in legal provisions to clarify the gender, the courts cannot give them any other meaning in the name of interpretation.
Earlier, in an affidavit, the central government has opposed the petition recognizing same-sex marriage. The Central Government has said in its affidavit that homosexual people living together cannot be compared to an Indian family.
Homosexuality is no longer a crime in India. Many petitioners have demanded that same-sex marriage be given legal recognition.
The Central Government has said in its affidavit that the petitions giving legal recognition to same-sex marriages should be cancelled as there is no justification for these petitions.