New Delhi: The Supreme Court will deliver its verdict on whether same-sex marriage should be legally recognised in India on Tuesday.
A constitution bench of Chief Justice DY Chandrachud, justices SK Kaul, SR Bhat, Hima Kohli and PS Narasimha had reserved its verdict following a 10-day hearing on the matter in May.
Senior advocates Mukul Rohatgi, Abhishek Manu Singhvi, Raju Ramachandran, Anand Grover, Geeta Luthra, KV Viswanathan, Saurabh Kirpal and Menaka Guruswamy, who argued for the petitioners, stressed on the equality rights of LGBTQIA+ to get the Centre’s recognition of their unions.
They had submitted that same-sex marriages be accorded legal recognition under Special Marriage Act (SMA) to grant dignity to their unions, and ascertain the community’s access to social security and other welfare benefits.
The Central government is opposed to granting legal recognition and argued that the legislative policy of India has consciously validated a union only between a biological man and a biological woman and “it is only for Parliament to decide this issue”.
The government agreed to set up an inter-ministerial committee to examine ‘administrative steps’ for ensuring certain benefits for same-sex couples even in the absence of legal recognition of marriage. The Centre also urged the top court to refrain from issuing any declaration — either acceptance of any right for same-sex couples or acceptance of the relationship.
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