SC Hands Over Matter Of Recognition Of Gay Marriage To Constitutional Bench, Hearing On 18th April

Delhi, 13th March 2023: Same-sex marriage has again become a topic of discussion in the country. The Central Government has filed an affidavit in the Supreme Court (SC) opposing the marriage of same-sex couples. The petition sought registration of same-sex marriages under the Special Marriage Act. The Center has said that it is against the family system of India. There are also legal hurdles to this. At the same time, the SC has handed over the matter of giving legal recognition to gay marriage to a constitutional bench of five judges, which will be heard on 18th April.

The Supreme Court said that this matter is related to the right to life and the right to live with dignity. “Therefore, keeping this in mind, we believe that the Constitution Bench should consider this matter,” the SC stated.

There was also the Supreme Court’s comment on same-sex marriage, saying that an adopted child of a gay or same-sex couple does not necessarily have to be gay.

Tushar Mehta, appearing for the Centre, says that the right to love and the freedom of expression and choice is already upheld, and no one is interfering with that right, but that does not mean giving up the right to marry.

SG Mehta further said that the moment there is marriage between the same sex as a recognized institution, the question of adoption will arise, and therefore the Parliament has to look into the issue of the psychology of the child.

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