Center Opposes Legal Recognition of Same-Sex Marriage in Affidavit to SC | News from India

NEW DELHI: The Center filed an affidavit on Sunday before the Supreme Courtopposing the legal recognition of same-sex marriage in India.
The Supreme Court is expected to hear a series of appeals for the legal validation of same-sex marriages on Monday.
According to Monday’s (March 13) lawsuit list uploaded to apical courtOn the website, the grounds are listed for hearing before a panel consisting of Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala.
On January 6, the supreme court had caned and transferred to itself all such petitions pending before several high courts, including the Delhi High Court.
He said that the lawyer appearing for the Center and lawyer Arundhati Katju, who represents the applicants, would jointly prepare a joint compilation of written submissions, documents and precedents on which to rely during the course of the hearing.
On December 14 last year, the Supreme Court had asked the Center to respond to two appeals seeking the transfer of pending petitions in the Delhi High Court for instructions on the recognition of same-sex marriages.
Earlier, on Nov. 25 last year, the Apex Court sought the Center’s response to separate motions brought by two gay couples seeking enforcement of their right to marry and an order to relevant authorities to register their marriages under the Special Marriage Act.
A panel chaired by CJI Chandrachud, who was also part of the constitutional panel that decriminalized consensual same-sex sex in 2018, issued a notice to the Center in November last year, as well as seeking assistance from Attorney General R Venkataramani in dealing with the reasons.
The five-judge constitutional panel of the supreme court, in a groundbreaking unanimous verdict handed down on 6 September 2018, affirmed that consensual sex between adult homosexuals or heterosexuals in a private space is not a crime while striking down part of the British era law criminal law that criminalized it as violating the constitutional right to equality and dignity.
The petitions on which the supreme court issued its notice in November last year sought to extend the right to marry a person of one’s choice to LGBTQ (lesbian, gay, bisexual, transgender and queer) people as part of their basic right .
One of the petitions called for an interpretation of the 1954 Special Marriage Act in a gender-neutral way in which a person is not discriminated against because of their sexual orientation.
The Apex Court, in its 2018 ruling, held so section 377 of the Indian Penal Code (IPC) which criminalized consensual gay sex was “irrational, indefensible and manifestly arbitrary”.
He said the 158-year-old law had become a “hateful weapon” to harass the LGBT community by subjecting its members to discrimination and unequal treatment.
(With inputs from PTI)


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