After a four-day gap, a 5-judge constitution bench of Supreme Court resumed hearing the pleas seeking legal validation of same-sex marriages. After the first few days of hearing, Centre had demanded that states be made a party to the case and their versions be heard.
During Thursday’s hearing on the same-sex marriage case, Chief Justice of India (CJI) DY Chandrachud asked if the existence of two spouses, who belong to a binary gender is a necessary requirement for marriage.
“It requires us to redefine the evolving notion of marriage. Because, is the existence of two spouses, who belong to a binary gender, a necessary requirement for marriage?” CJI Chandrachud asked.
This matter was discussed on the third day of the hearing by a five-judge Constitution bench of the Supreme Court on petitions seeking legal recognition of same-sex marriage in India.
Some Key Takeaways From Last Day’s Hearing
— The CJI stated that by decriminalizing homosexuality, the Supreme Court not only recognized relationships between consenting adults of the same gender but also acknowledged that homosexual relationships are not just physical but also emotional, stable relationships.
He said, “The moment we have said that it’s no longer an offense under Section 377, therefore we necessarily contemplate that you could have stable marriage-like relationships between two persons who do not treat these as chance encounters but something more than that, which is not just physical relations but something more of a stable emotional relationship, which is an incident of our constitutional interpretation.”
— The CJI also said that the court has already reached the intermediate stage, which contemplates that people belonging to the same sex can be in “stable marriage-like relationships.”
— Additionally, the CJI said that the requirement under the SMA (Special Marriage Act), which requires parties to give notice of their “intended marriage,” has the potential to disproportionately affect the most vulnerable segments of society, including marginalized communities or minorities.
— Finally, the CJI stated that the bench would hear the matter on a daily basis, similar to the Ayodhya hearing.
SC Must Let Legislature Decide on Same Sex Marriage, Say Lawyers’ Bodies
The Bar Council of India on Sunday expressed its concern on same sex marriage issue being heard in the Supreme Court, saying it would be “catastrophic” to overhaul something as fundamental as the conception of marriage by the court and the matter should be left to the legislature.
In a resolution, the lawyers’ body said that any decision by the apex court in such a sensitive matter may prove very harmful for the future generation of our country.
“India is one of the most socio-religiously diverse countries of the world consisting of a mosaic of beliefs. Hence, any matter which is likely to tinker with the fundamental social structure, a matter which has far reaching impact on our socio-cultural and religious beliefs should necessarily come through legislative process only, the meeting unanimously opined.
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