SC seek Centre's response to plea seeking registration of same-sex marriages under Special Marriage Act

On Friday, the Supreme Court sought the Centre’s response to a plea seeking registration of same-sex marriages under the Special Marriage Act, 1954. The case was heard by two-judges bench comprising Chief Justice of India DY Chandrachud and Justice Hima Kohli.

The apex court issued separate notices to the government as well as the Attorney General and further listed the matter for hearing in four weeks.

Notably, the petitioners are a same-sex couple based in Hyderabad- Supriyo Chakraborty and Abhay Dang, have been a couple for over 10 years. After recovering from COVID, the couple decided to have a wedding-cum-commitment ceremony on their ninth anniversary. The ceremony took place in December last year with the blessings of their parents, family, and friends.

According to Live Law, the petitioners submitted that the non-recognition of same-sex marriage amounted to discrimination. They stated that same-sex couples are denied both legal as well as social recognition and status that flow from marriage.

They argued that the Supreme Court always protected the right of inter-caste and inter-faith couples to marry a person of their choice. Citing, Supreme Court’s order in the Navtej Singh Johar and Puttaswamy cases, the petitioners are arguing that the right to marry a person of one’s choice should also extend to LGBTQ+ citizens.

It is pertinent to mention here that there are currently nine petitions pending before the Delhi High Court and the Kerala High Court seeking recognition of same-sex marriage under the Special Marriage Act, Foreign Marriage Act, and Hindu Marriage Act.

Earlier this month, the Deputy Solicitor General stated before the Kerala HC that the Ministry is taking steps to get all the writ pleas transferred to the top court.

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