Same-sex marriage case ‘seminal’, sent to Constitution bench

NEW DELHI: The Supreme Court on Monday referred to a five-judge bench a batch of petitions seeking legal recognition to same-sex marriage under various statutory regimes such as the Hindu Marriage Act, Special Marriage Act and Foreign Marriage Act.

A three-judge bench led by Chief Justice of India D Y Chandrachud said the pleas raised issues of seminal importance and posted them for final disposal from April 18. “We are of the view that it would be appropriate if the issues raised are resolved by the bench of five judges of this court with due regard to Article 145(3) of the Constitution. Thus, we direct it to be placed before a constitution bench,” the court said. It also acceded to a petitioner’s request for live streaming of the proceedings.

The bench during the hearing also remarked that the adopted child of a gay or lesbian couple does not have to be gay or lesbian. The remarks came after Solicitor General Tushar Mehta argued that the moment marriage as a recognised institution between same sex is sanctified, the question of adoption will come up. Parliament will then have to examine it from the perspective of the child’s psychology.

“This is a legislative function. It will then be about adoption. Parliament will have to see the psychology of a child who has not been reared by a father and a mother — these are the issues. Parliament will have to debate and take a call in view of our ethos,” Mehta remarked. Outside Parliament, Union law minister Kiren Rijiju said: “The government is not interfering in the personal life of anybody. But when it comes to marriage, it is a matter of policy.”