Government To Set Up A Committee To Deliberate On Same-Sex Marriage Issue

Swarajya Staff

Oct 17, 2023, 02:56 PM | Updated 03:54 PM IST

The Supreme Court of India. (SAJAD HUSSAIN/AFP/Getty Images)
The Supreme Court of India. (SAJAD HUSSAIN/AFP/Getty Images)

The Supreme Court on Tuesday (18 October) directed the Centre to set up a committee to examine the rights and benefits to queer couples.

This comes as the apex court dismissed a batch of petitions seeking legal recognition of same-sex marriages.

"The Union Government will constitute a committee to decide the rights and entitlements of persons in queer unions. This committee will consider including queer couples as 'family' in ration cards, enabling queer couples to nominate for joint bank accounts, rights flowing from pension, gratuity, etc." CJI Chandrachud said while pronouncing the landmark verdict today.

"The committee report is to be looked at Union Government level," he added.

The landmark verdict on 21 pleas seeking legal validation for same-sex marriage came after a 10-day hearing before a five-judge constitution bench.

Earlier, the Centre had on 3 May told the apex court that it plans to form a committee headed by a cabinet secretary to explore administrative solution to problems faced by same-sex couples without delving into the marriage equality question.

The CJI D Y Chandrachud led five-judge Constitution bench in its verdict on the same-sex marriage case today unanimously agreed that there is no unqualified right to marry for same-sex couples and it cannot be claimed as a fundamental right.

The apex Court also left the decision regarding legalisation of same-sex marriage in the Parliament's court.

While Chief Justice DY Chandrachud and Justice SK Kaul said that same-sex couples can adopt children, the other three judges - Justices Ravindra Bhat, Hima Kohli and P S Narasimha - disagreed.

The court pronounced four judgements, each by the Chief Justice of India (CJI) Chandrachud, Justice Kaul, Justice Bhat and Justice Narasimha.

Earlier, the court had made it clear that it would not delve into personal laws governing marriages while considering the pleas for judicial validation of same-sex marriages.

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