SC seeks govt's response on petitions for recognising same-sex marriages

All pleas for same-sex marriages pending before high courts in India transferred to Supreme Court

The Supreme Court on Friday agreed to consider legal recognition for same-sex marriages in India and sought a response from the central government.

All petitions pending before the high courts in India seeking legalisation of same-sex marriages have been transferred to the Supreme Court. The government has been directed to file its response by February 15.

A bench comprising Chief Justice of India DY Chandrachud, Justices PS Narasimha, and JB Pardiwala heard the matter.

The CJI said that since several batches of petitions are pending before Delhi, Kerala and Gujarat high courts involving the same question, the Supreme Court was of the view that they should be transferred and decided by it. We direct that all writ petitions shall stand transferred to this court, the CJI said.

The CJI also said that if a petitioner cannot engage counsel in the Supreme Court or travel to Delhi, then they would be given the liberty to appear on virtually.

The CJI asked Arundhati Katju, appearing on behalf of the petitioners, and Kanu Agarwal, appearing for the Union of India, to be nodal counsels. "Nodal counsels may prepare a compilation of precedents, docs, and legislations," he said.

The matter is expected to be heard on March 13.

Background

The apex court will hear petitions filed by gay couples seeking recognition of same-sex marriage under the Special Marriage Act. A batch of pleas was already pending in the high courts of Delhi and Kerala seeking recognition of same-sex marriage in India.

The lead petition by Supriyo Chakraborty and Abhay Dang, two gay men living in Hyderabad, said that the right to marry a person of one’s choice should extend to LGBTQ+ citizens as well. Chakraborty and Dang have been a couple for almost 10 years.

On January 3, the transfer pleas were mentioned by Senior Advocate Menaka Guruswamy and Advocate Karuna Nundy. “This is a matter that concerns same-sex and queer marriages. Similar matters are pending in Delhi and Kerala high courts. Hence this transfer petition,” Advocate Nundy said.

Protests outside SC

Meanwhile, ahead of the Supreme Court hearing, an organisation called United Hindu Front protested against same-sex marriages outside the gates of the apex court. 

The organisation claimed that homosexuality is against Indian culture and that the Supreme Court should not hear the pleas.