Page 3 - Same-sex Marriages

Marriage equality: No bar on adoption by same-sex couples, says CJI

The CJI asserted that even a single individual can adopt a child despite being in a same-sex relationship

It has to be alive that concept of marriage has evolved, says Supreme Court

The Supreme Court said on Tuesday it has to be alive to the fact that the concept of marriage has evolved and must accept the basic proposition that marriage itself is entitled to constitutional protection as it is not just a matter of statutory recognition. A five-judge Constitution bench headed by Chief Justice D Y Chandrachud, while hearing arguments on a batch of pleas seeking legal validation for same-sex marriage, said it would be "far-fetched" to argue that there is no right to marry under the Constitution, which itself is a "tradition breaker". Senior advocate Rakesh Dwivedi, appearing for Madhya Pradesh, argued heterosexual couples have a right to marry in accordance with custom, personal law and religion. This has been continuing and that is the foundation of their right, he said, while repeatedly urging the court to leave the issue of according legal sanctity to same-sex marriage to the legislature. "There cannot be any denial of the fact that State has a legitimate ...

Live streaming of proceedings takes court to homes of common citizens: SC

The Supreme Court Tuesday said live streaming of its proceedings has taken the court to the homes and hearts of common citizens and it is trying to use technology to ensure the live-streamed content is made available simultaneously in languages other than English so more people can follow. A five-judge constitution bench headed by Chief Justice D Y Chandrachud observed this while hearing arguments for the eighth-day on a batch of petitions seeking legal validation for same-sex marriage. Senior advocate Rakesh Dwivedi, appearing for Madhya Pradesh, said an important fallout of the proceedings is that there is a churning in society, and because of this debate and live streaming in different corners of the country, people are thinking about the issue. "The live-streaming of court proceedings has really taken our court absolutely to the homes and to the hearts of the common citizens and I think that is part of the process," said the CJI, who is heading the bench which also comprises ...

Homosexuality a disorder, will grow if same-sex marriage legalised: Survey

Many doctors and allied medical professionals believe that homosexuality is "a disorder" and it will increase further in society if same-sex marriage is legalised, according to a survey by Samwardhini Nyas, an affiliate of the women's wing of the RSS. A senior functionary of the Rashtra Sevika Samiti, a women's organisation which parallels the Rashtriya Swayamsevak Sangh (RSS), said the findings of the survey are based on 318 responses collected across the country covering medical practitioners from eight different pathies of treatment from modern science to Ayurveda. In their response to the survey, according to Samwardhini Nyas, nearly 70 per cent of the doctors and allied medical professionals stated that "homosexuality is a disorder" while 83 per cent of them "confirmed transmission of sexual disease in homosexual relations." "From the survey, it is observed that the decision to legalise such marriages may promote more disorder in the society rather than curing patients and ...

Right to choose partner does not imply right to marry above law: Govt to SC

The right to choose a partner does not necessarily imply the right to marry such person over and above the procedure established by law, the Centre Wednesday told the Supreme Court while urging it to dismiss the petitions seeking legal validation for same-sex marriage. In his written submissions, Solicitor General Tushar Mehta, appearing for the Centre, said there cannot be a presumption that the State is obliged to recognise all human relationships, rather the presumption has to be that State has no business to recognise any personal relationships, unless it has a legitimate state interest in regulating the same. A five-judge constitution bench headed by Chief Justice D Y Chandrachud is hearing arguments on a batch of pleas seeking legal sanction for same-sex marriage. Mehta said in his written submissions that any non-inclusion would not per se become unconstitutional and even more so if the State can establish a clear and discernible policy premised on an intelligible differentia

Same-sex marriage: We don't go by popular or segmental morality, says SC

Centre to form a panel to address 'genuine humane concerns' of same-sex couples

We don't go by segmental morality, says SC on same-sex marriage row

We don't go by either "popular morality or segmental morality" but what the Constitution mandates, the Supreme Court observed on Wednesday when an argument was advanced before it that young same-sex couples across the country wanted to get married. A five-judge constitution bench headed by Chief Justice D Y Chandrachud was hearing arguments on a batch of pleas seeking legal validation for same-sex marriage. During the arguments on the seventh-day of hearing, senior advocate Saurabh Kirpal, who is appearing for the petitioners, said they have spoken to gay people at various seminars and 99 per cent of them came up and said the only thing they want is to get married. Senior advocate Menaka Guruswamy, who is also representing the petitioners' side, said she has spoken at different events and found that young gay couples wanted to get married. "I don't say this as an elite lawyer. I say this having met these young people. Do not let them experience what we have experienced," she told

Same-sex couples: Govt to explore administrative steps to address concerns

The Centre on Wednesday told the Supreme Court that a committee headed by the cabinet secretary would be constituted to explore administrative steps for addressing some concerns of same-sex couples without going into the issue of legalising their marriage. Solicitor General Tushar Mehta, appearing for the Centre, told a five-judge Constitution bench headed by Chief Justice D Y Chandrachud, which is hearing a batch of pleas seeking legal validation of same-sex marriage, that the government is positive about the suggestion for exploring administrative steps in this regard. He told the bench, which also comprised justices S K Kaul, S R Bhat, Hima Kohli and P S Narasimha, that this will need coordination between more than one ministries. On the seventh day of hearing in the matter, Mehta said the petitioners can give their suggestions on the issue of exploring what administrative steps can be taken in this regard. While hearing the matter on April 27, the apex court had asked the Centr

VHP to hold nationwide protests against same-sex marriage plea in SC

"Hindu Marriage Act 1954 is very sacred and based on the 'sanatani' belief and it should remain unchanged and unchallenged," Singh said

SCBA terms BCI resolution on same sex marriage 'highly inappropriate'

The Supreme Court Bar Association (SCBA) has condemned a resolution passed by the Bar Council of India which said the apex court should desist from hearing the pleas seeking legalisation of same-sex marriage, terming it "highly inappropriate." In a resolution adopted on April 23, the BCI had expressed its concern over the same-sex marriage issue being heard in the Supreme Court, saying it would be "catastrophic" to overhaul something as fundamental as the conception of marriage by the court and the matter should be left to the legislature. Responding to the resolution, the SCBA statement, signed by a majority of its members, said it is the duty of the court to decide if the issue should be adjudicated by the court or left to the wisdom of Parliament. "The SCBA Executive Committee feels it is highly inappropriate for the BCI to issue a Press Statement dated April 23, 2023 opposing a hearing of the matter before the Hon'ble Supreme Court. It is the duty of the Court to hear the petiti

SC bar association criticises BCI for comments on same sex marriage case

'Highly inappropriate' of the bar council to make public criticism when court is hearing matter

Some label necessary: SC seeks Centre's view on benefit to same-sex couples

Mehta said these are all human concerns, "which I also share and also the government shares, and we must find a solution from that point of view"

How can same-sex partners get social rights without marriage: SC to Centre

The Bench also indicated that the Centre should see if there can be separate legislation to protect the rights of same-sex couples

Leave the issue of same-sex marriage to the Parliament: Centre tells SC

"The real question is who would take a call on what constitutes marriage between a particular class of people," Solicitor General Tushar Mehta, appearing for the Centre, said on fifth day of hearing

Leave questions raised in same sex marriage pleas to Parliament: Centre

The Centre on Wednesday requested the Supreme Court to consider leaving questions raised in the pleas seeking legal sanction for same sex marriages to Parliament. Solicitor General Tushar Mehta, appearing for the Centre, told a five-judge Constitution bench headed by Chief Justice D Y Chandrachud that the apex court is dealing with a "very complex subject", which has a "profound social impact". "The real question is who would take a call on what constitutes marriage and between whom," Mehta said on the fifth day of hearing. He told the bench, also comprising Justices S K Kaul, S R Bhat, Hima Kohli and P S Narasimha, that there would be ramifications on several other statutes which would need a debate in the society and also in various state legislatures. Hearing in the matter is underway.

SC must let legislature decide on same-sex marriage: Bar associations

The coordination committee of all district court bar associations of Delhi said on Monday the issue of same-sex marriage being heard by the Supreme Court should instead be decided the legislature. The apex court is hearing a clutch of petitions seeking legal sanction for marriage between homosexual couples. In a resolution, the committee said the social ramifications of the ongoing proceedings before the SC are colossal and have the potential for an unintended impact on the social fabric. It is important that issues that have the potential to affect society at large are discussed and debated in the Parliament where elected representatives can take into account the views and concerns of their constituents, the resolution said. It said the issue is deeply entrenched in societal norms, values, and beliefs and a decision made in isolation, without the benefit of the view of the society, is likely to be ineffective and may even be counterproductive. The resolution also said the issue .

Why is the 30-day notice period under Special Marriage Act being opposed?

The Special Marriage Act mandates marriage officials to issue a public notice soliciting objections to an impending marriage 30 days before the ceremony

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Bar council passes resolution against recognition to same-sex marriage

The release by the BCI said that the ongoing proceedings of same-sex marriage before the Constitutional Bench of the Supreme Court are a matter of 'great anxiety and serious concern for the Bar'

Bar Council passes resolution opposing same-sex marriage legalisation

BCI Chairman Manan Kumar Mishra said the resolution has been passed by the Bar after holding a meeting with representatives of all State Bar Councils