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Chief Justice-led Constitution Bench To Hear Same-Sex Marriage Pleas On 18 April

Swarajya StaffApr 17, 2023, 06:14 PM | Updated 06:14 PM IST

Pride flags in Reykjavik, Iceland (Photo by Jas Min on Unsplash)


A Supreme Court Constitution bench will hear a series of petitions that seek to legally validate same-sex marriage in India, on Tuesday (18 April).

The bench consists of Chief Justice (CJI) D Y Chandrachud and justices S K Kaul, S Ravindra Bhat, P S Narasimha, and Hima Kohli.

The hearing may have far-reaching implications for the country, considering its disparate views on the matter among the populace and political parties alike.

The outcome of the hearing could ultimately serve as a landmark decision that defines the legal parameters for same-sex marriage in India.

The Central government has rejected petitions for legalising same-sex marriage, stating it would disrupt personal laws and societal values.

The Centre has rejected the idea of same-sex marriage as an "urban elitist concept" that does not align with the country's social ethos.

They argued before the apex court that such demands for marriage equality were driven by "mere urban elitist views" aimed at gaining social acceptance.

The Centre further said the institution of marriage between two individuals of the same gender is neither recognised nor accepted in uncodified personal laws or codified statutory laws.

In November last year, a bench led by CJI Chandrachud, who was part of the Constitution bench that decriminalised consensual gay sex in 2018, sent a notice to the Centre and sought Attorney General R Venkataramani's assistance in dealing with the pleas.

On 6 September 2018, the Constitution bench unanimously declared that consenting sexual activity between adult homosexuals or heterosexuals in private is not illegal.

Thirty countries and territories, a majority of them in Europe and the Americas, have legalised same-sex marriage, as per Pew Research Center.

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