Supreme Court to deliver verdict on legality of same-sex marriage tomorrow

The Supreme Court on Tuesday will pronounce its judgment on whether same sex marriage should be legally recognised in India.

On May 11, a constitution bench headed by Chief Justice DY Chandrachud along with justices S K Kaul, S R Bhat, Hima Kohli and P S Narasimha had reserved the verdict following a 10-day hearing in the matter.

During the hearing, the petitioners through senior advocates including Mukul Rohatgi, Abhishek Manu Singhvi, Raju Ramachandran, Anand Grover, Geeta Luthra, KV Viswanathan, Saurabh Kirpal and Menaka Guruswamy had stressed on the equality rights of the LGBTQIA+ to get the State’s recognition of their unions.

They had submitted seeking same-sex marriages be accorded legal recognition under the Special Marriage Act (SMA) to grant dignity to their unions, in addition to ascertaining the community’s access to social security and other welfare benefits.

The Centre has opposed the plea for legal recognition and has argued that the legislative policy of India has consciously validated a union only between a biological man and a biological woman and “that it is only for Parliament to decide this issue”.

The government agreed to set up an inter-ministerial committee, headed by the cabinet secretary, to examine the “administrative steps” that can be considered for ensuring certain benefits for same-sex couples even in the absence of legal recognition of marriage. But it urged the constitution bench to refrain from issuing any declaration – either of acceptance of any right for same-sex couples or acceptance of the very relationship.