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SC issues notice to Centre on plea seeking registration of same-sex marriage under Special Marriage Act

New Delhi: On Friday, The Supreme Court issued a notice to the Centre on a plea to grant legal recognition to same-sex marriages and alliances between members of lesbian, gay, bisexual, trans, intersex and queer or LGBTIQ+ community under the Special Marriage Act. A bench headed by Chief Justice DY Chandrachud and Justice Hima Kohli has agreed to hear the petitions on this issue. The petitions pending in different High Courts including Kerala would be transferred to the Supreme Court and heard together.

By Priyanka Verma 
Updated Date

New Delhi: The Supreme Court on Friday issued a notice to the Centre on a plea to grant legal recognition to same-sex marriages and alliances between members of lesbian, gay, bisexual, under the Special Marriage Act. A bench headed by Chief Justice DY Chandrachud and Justice Hima Kohli has agreed to hear the petitions on this issue. The petitions pending in different High Courts including Kerala would be transferred to the Supreme Court and heard together.

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The top court issued separate notices to the Government as well as the Attorney General of India and listed the matter for hearing in four weeks.The Special Marriage Act of 1954 provides a civil form of marriage for couples who cannot marry under their personal law. A Hyderabad-based couple Supriyo Chakraborty and Abhay Danghad filed a plea in the apex court seeking legal recognition of same-sex marriage under the Special Marriage Act and to issue appropriate direction to authorities concerned to allow them to solemnize their marriage.

The petition raised the absence of a legal framework that allowed members of the LGBTQ+ community to marry any person of their choice. According to the petition, the couple sought to enforce the fundamental rights of LGBTQ+ individuals to marry any person of their choice and said that, “the exercise of which ought to be insulated from the disdain of legislative and popular majorities.” The petition raised the absence of a legal framework which allowed members of the LGBTQ+ community to marry any person of their choice.

According to the petition, the couple sought to enforce the fundamental rights of LGBTQ+ individuals to marry any person of their choice and said that “the exercise of which ought to be insulated from the disdain of legislative and popular majorities”. However, the legal framework governing the institution of marriage in this country does not presently allow members of the LGBTQ+ community to many the person of their choice and enforce the fundamental right guaranteed to them under our Constitution.

They stressed that the top court has also expressly held that members of the LGBTQ+ community have the same human, fundamental and constitutional rights as other citizens. The petitioners said that they have been in love with each other and have had a relationship with each other for the last seventeen years and are presently raising two children together, but unfortunately the fact that they cannot legally solemnize their marriage has resulted in a situation where both petitioners cannot have a legal relationship between parents and children with both of their kids.

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