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Same-Sex Marriage Fails To Get Legal Nod From Centre

By FnF Correspondent | PUBLISHED: 12, Mar 2023, 15:51 pm IST | UPDATED: 12, Mar 2023, 15:53 pm IST

Same-Sex Marriage Fails To Get Legal Nod From Centre

The Centre has filed an affidavit before the Supreme Court opposing the legal recognition of same-sex marriage. In its affidavit, the Centre told the apex court that same-sex relationships and heterosexual relationships are clearly distinct classes which cannot be treated identically. The Centre also apprised the Supreme Court that living together as partners by same-sex individuals, which is decriminalised now, is not comparable with the Indian family unit concept of a husband, a wife and children. The Centre's affidavit comes a day ahead of the case hearing in the court.

The Supreme Court is scheduled to hear a batch of pleas seeking legal validation for same-sex marriages tomorrow. According to Monday's (March 13) cause list uploaded on the apex court's website, the pleas are listed for hearing before a bench comprising Chief Justice DY Chandrachud and justices PS Narasimha and JB Pardiwala.

The apex court had, on January 6, clubbed and transferred to itself all such petitions pending before different high courts, including the Delhi High Court. It had said the counsel appearing for the Centre and advocate Arundhati Katju, representing the petitioners, shall together prepare a common compilation of the written submissions, documents and precedents on which reliance would be placed during the course of the hearing.

"Soft copies of the compilations shall be exchanged between the parties and shall be made available to the court. List the petition along with connected petitions and transferred cases on March 13, 2023 for directions," the bench had said in its January 6 order.

The counsel for multiple petitioners had told the bench that they want the apex court to transfer all the cases to itself for an authoritative pronouncement on the issue and that the Centre can file its response in the top court.

On January 3, the apex court had said it would hear on January 6 the pleas seeking a transfer of petitions for recognition of same-sex marriages pending before the high courts to the top court.

On December 14 last year, the apex court had sought the Centre's response to two pleas seeking a transfer of the petitions pending in the Delhi High Court for directions to recognise same-sex marriages to itself.

Prior to that, on November 25 last year, the apex court had sought the Centre's response to separate pleas moved by two gay couples seeking enforcement of their right to marry and a direction to the authorities concerned to register their marriages under the Special Marriage Act.

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