After two gay couples file court documents, the SC is notified to focus on legalising same-sex unions.
On Friday, the Supreme Court stated that it will consider the request on legalising same-sex weddings and gave notice to the Centre in this regard. Two petitions from gay couples asking for a directive that their marriage be recognised under the special marriage statute led to the notification being published.
Prior to issuing the notices on the pleas, a bench consisting of Chief Justice DY Chandrachud and Justice Hima Kohli heard the succinct arguments of senior attorney Mukul Rohatgi. The central government was called for comment by a bench, which requested a response from it within four weeks.
The top court has asked Attorney General of India to assist the court.
The decision by the Supreme Court to consider the matter comes after a new petition was has been filed before it by a gay couple from Hyderabad, seeking recognition of same-sex marriage under the Special Marriage Act, 1954.
The petitioners Supriyo Chakraborty and Abhay Dang, have reportedly been a couple for almost 10 years. The two decided to have a wedding-cum-commitment ceremony on the 9th anniversary to celebrate their relationship, a livelaw.in report said. They had a commitment ceremony in December 2021, where their relationship was blessed by their parents, family and friends, the report added.
The petitioners submitted that the Special Marriage Act is Ultra vires the Constitution of India to the extent it discriminates between same sex couples and opposite sex couples denying same-sex couples both legal rights as well the social recognition and status that flow from marriage.
The second plea was filed by gay couple Parth Phiroze Mehrotra and Uday Raj.
The plea said that non-recognition of same-sex marriages is violative of right to equality and right to life under articles 14 and 21 of the Constitution. A five-judge Constitution bench of the Supreme Court in 2018 had unanimously decriminalised part of the 158-year-old colonial law under Section 377 of the IPC which criminalises consensual unnatural sex.
(With PTI inputs)
