The Supreme Court in Action Regarding Same Sex Marriages Posted on January 8, 2023 News By Akta Yadav 346 Views Supreme Court in Action:- On 6 January 2023 (Friday), the Supreme Court transferred all petitions in several High Courts of India regarding same sex marriages to itself. The Bench which will hear this matter will consist of Chief Justice DY Chandrachud, JB Pardiwala J. and PS Narasimha J. Action of the Supreme Court The Supreme Court directed as follows while transfer all petitions regarding same sex marriages from different High Courts: “Since several batches of petitions are pending before Delhi, Kerala and Gujarat High Courts involving the same question, we are of the view that they should be transferred and decided by this Court. We direct that all writ petitions shall stand transferred to this Court.” Supreme Court in Action The Supreme Court has also speedily provided the first date of hearing of the case as 13 March 2023 and ordered the Central Government to file a reply to the petition providing their standpoint regarding the issue by 15th February 2023. The petitioners will be represented by Mukul Rohatgi, senior counsel who was also the 12th Attorney General of India. It was Mr. Rohatgi who had pleaded before the Supreme Court to have all the matters transferred to itself since all of them have the same issue of law regarding same sex marriages The Issue Regarding Same Sex Marriages: Lack of Rights of the LGBTQ Community After the Modi government came into existence, a very liberal step taken was decriminalization of same sex relationships, by striking down the relevant portion of Section 377 of the IPC. However, this step is almost useless on ground without giving legal validation to same sex marriages. For many years, people from the LGBTQ community have strived for their rights in the field of same sex marriage. The Indian laws, both under the Hindu marriage Act and the Special Marriage Act, recognise the marriage only between a member from the male gender and female genders. Supreme Court in Action-Supreme Court in Action-Supreme Court in Action By not giving the right to same sex marriage, the LGBTQ community is deprived of many other consequential rights such as the right to a shared household, right to co-inhabit and the right to adopt children as well. Therefore, this issue is a burning one and requires immediate action by the Government as well as by the Supreme Court. Conclusion: What can be Expected Further? Chief Justice DY Chandrachud has been known for a very liberal line of thought and realist approach in his judgements which expand the limits of statutory laws. Since this case also will have the Chief Justice on the bench, we can expect that very soon, a very liberal and progressive law will be brought into the country regarding the rights of people from the LGBTQ community regarding same sex marriages.
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Supreme Court in Action
The Supreme Court has also speedily provided the first date of hearing of the case as 13 March 2023 and ordered the Central Government to file a reply to the petition providing their standpoint regarding the issue by 15th February 2023. The petitioners will be represented by Mukul Rohatgi, senior counsel who was also the 12th Attorney General of India. It was Mr. Rohatgi who had pleaded before the Supreme Court to have all the matters transferred to itself since all of them have the same issue of law regarding same sex marriages
The Issue Regarding Same Sex Marriages: Lack of Rights of the LGBTQ Community
After the Modi government came into existence, a very liberal step taken was decriminalization of same sex relationships, by striking down the relevant portion of Section 377 of the IPC.
However, this step is almost useless on ground without giving legal validation to same sex marriages. For many years, people from the LGBTQ community have strived for their rights in the field of same sex marriage. The Indian laws, both under the Hindu marriage Act and the Special Marriage Act, recognise the marriage only between a member from the male gender and female genders.
Supreme Court in Action-Supreme Court in Action-Supreme Court in Action
By not giving the right to same sex marriage, the LGBTQ community is deprived of many other consequential rights such as the right to a shared household, right to co-inhabit and the right to adopt children as well. Therefore, this issue is a burning one and requires immediate action by the Government as well as by the Supreme Court.
Conclusion: What can be Expected Further?
Chief Justice DY Chandrachud has been known for a very liberal line of thought and realist approach in his judgements which expand the limits of statutory laws. Since this case also will have the Chief Justice on the bench, we can expect that very soon, a very liberal and progressive law will be brought into the country regarding the rights of people from the LGBTQ community regarding same sex marriages.
