Supreme Court to hear plea for recognition of same-sex marriages by constitution bench

The bench comprising Chief Justice of India DY Chandrachud and Justices PS Narasimha and JB Pardiwala stated that the petition raises Constitutional issues related to rights, which necessitates its hearing by a Constitution bench comprising five judges.

The Court stated in its order that, "Lot of issues raised before this court relate to the right of transgender persons to marry as per natural constitutional entitlement. We are of considered view that issues here are resolved by 5 judges of this court under 145 (3) of the Constitution. We direct the hearing of this case to be posted before a constitution bench."

The court posted the matter for hearing on April 18 when it will come up before a bench of five judges.

Several petitions requesting the recognition of same-sex marriages under the law were being heard by the top court.

These petitions have appealed for the extension of the right to marry a person of one's choice to LGBTQIA+ individuals.

Petitions submitted to the Supreme Court by same-sex couples have been met with resistance by the Central government.

The central government, in an affidavit submitted to the top court on Sunday, asserted that cohabitation and sexual relationships between same-sex individuals cannot be equated to the traditional Indian family unit, which consists of a biological man, biological woman, and their offspring born out of wedlock.

The government stated that the traditional definition of marriage involves a biological man as a "husband," a biological woman as a "wife," and any children born from their union.

The government's stance is that there is no inherent right to have a specific type of social relationship recognized.

They argue that allowing same-sex marriage would conflict with existing laws, including those governing prohibited degrees of relationships, conditions of marriage, and ceremonial and ritual requirements under personal laws.

While same-sex relationships are not illegal, the government maintains that the state only acknowledges heterosexual relationships for marriage.

Earlier this year in January, the bench took over all petitions related to the recognition of same-sex marriages that were being heard by various high courts.