Fri, 25 Nov 2022 03:15 PM IST
THE Supreme Court on Friday issued a notice to the Centre and Attorney General R Venkataramani on two pleas of gay couples seeking legal recognition of same s*x marriage under the Special Marriage Act.
A bench comprising Chief Justice DY Chandrachud and Justice Hima Kohli heard the brief submissions of senior advocate Mukul Rohatgi before issuing the notices on the pleas. “Issue notice returnable in four weeks. Liberty to serve the central agency. Notice be also issued to the Attorney General for India,” the bench said.
The plea was filed by gay couple Supriyo Chakraborty and Abhay Dang of Hyderabad and Parth Phiroze Mehrotra and Uday Raj.
The petition raised the absence of a legal framework that allowed members of the LGBTQ+ community to marry any person of their choice.
The petitioners submitted that the right to many a person of one's choice is a fundamental right guaranteed under the Constitution of India to each "person" and has been recognized explicitly by this Court.
They stressed that the top court has also expressly held that members of the LGBTQ+ community have the same human, fundamental and constitutional rights as other citizens.
However, according to the legal framework governing the institution of marriage in India, members of the LGBTQ+ community are currently not allowed to marry the person of their choice and enforce the fundamental right which has been guaranteed to them under our Constitution.
The petition sought that the right to marry a person of one's choice be extended to persons belonging to LGBTQ (lesbian, gay, bis*xual, and transgender, and Queer).
According to the plea, non-recognition of same-s*x marriages is violative of the right to equality and the right to life under articles 14 and 21 of the Constitution.
Earlier in 2018, a five-judge Constitution bench had unanimously decriminalised part of the 158-year-old colonial law under Section 377 of the IPC which criminalises consensual unnatural s*x.
(With inputs from agencies)