5-judge bench of Supreme Court to hear same-sex marriage pleas

NEW DELHI: A five-judge bench of the Supreme Court will begin hearing from April 18 the pleas seeking legal recognition to “same-sex marriage” under various statutory regimes such as the Hindu Marriage Act, Special Marriage Act and Foreign Marriage Act from April 18. The bench will have CJI DY Chandrachud and justices Sanjay Kishan Kaul, Ravindra Bhat, Hima Kohli and PS Narasimha.

On March 13, another SC bench referred the matter to the five-judge bench. A 3-judge bench of CJI DY Chandrachud, Justices PS Narasimha and JB Pardiwala remarked that the pleas raised issues of “seminal importance” and posted the matter for final disposal from April 18.

“It would be appropriate if the issues raised are resolved by the bench with due regard to Article 145(3) of the Constitution,” the court said. It also acceded to the request raised by the petitioner’s counsel 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 a gay or lesbian.

The remarks were made following Solicitor General Tushar Mehta’s contention that the moment a marriage as a recognised institution comes between same sex, the question of adoption will come and then Parliament will have to step in. “Parliament will have to the see psychology of a child who has not been reared by a father and a mo the r, ” Meht a remarked.

Senior advocate Neeraj Kishan Kaul submitted that the Special Marriage Act uses gender- neutral terms and says that a marriage between two persons may be recognised under the Act. Senior advocate AM Singhvi said the right to marry cannot be withheld for class of persons solely on the basis of sex, gender orientation & identity.