Page 4 - Same-sex Marriages

Goa trust speaks up for rights of state's 10,000-strong LGBT community

In Goa there are seven transgenders who have been given election cards, but they have complained that they are discriminated against in jobs

MP govt supports Centre in opposing plea to legitimise same-sex marriages

Amid the ongoing debate over whether 'same-sex' marriages should be legitimised or not in a multi-cultural country like India, the Madhya Pradesh government has submitted its views before the Centre

SC's haste on same-sex marriage not appropriate, may lead to disputes: VHP

The Vishva Hindu Parishad on Saturday said the "haste" with which the Supreme Court is disposing of the petitions for legal recognition to same-sex marriages is not appropriate and it should have sought the opinion of religious leaders and experts from diverse fields. VHP Joint General Secretary Surendra Jain expressed apprehension the top court's actions could lead to "new disputes". A five-judge Constitution bench headed by Chief Justice D Y Chandrachud is hearing a batch of pleas seeking legal sanction for same-sex marriage. It began hearing the matter on Tuesday and the arguments remained inconclusive on the third consecutive day on Thursday. The arguments will resume on April 24. On Thursday, the top court said it may be redefining the "evolving notion of marriage" as the next step after decriminalising consensual homosexual relationship, which implicitly recognised that same-sex people could live in a stable marriage-like relationship. "The haste with which the honourable ...

Equality in love and inheritance

Same-sex marriages would entail a review of gender-asymmetric anomalies in Indian law, and eventually pave the way for a more equitable social environment

CJI D Y Chandrachud on same-sex marriage: 'Are binary spouses essential?'

A five-judge Constitution bench headed by Chief Justice D Y Chandrachud, which is hearing a batch of petitions seeking legal sanction for same-sex marriage

Notice of objection under SM Act goes against right to privacy, says SC

Justice Ravindra Bhat remarked that such provisions were 'based on patriarchy' and 'was created at a time when women didn't have agency'

No govt data shows it is urban-elitist concept; SC on same-sex marriages

Top court stressed that the state cannot discriminate against an individual on the basis of a characteristic over which person has no control, and something which is innate cannot have a class bias

Same-sex marriage: SC emphasises need to finish matter in time-bound manner

The Supreme Court, which is hearing arguments on a batch of pleas seeking legal validation for same-sex marriages, on Wednesday emphasised on the need to finish the matter in a time-bound manner, saying there are other cases waiting to be heard. A five-judge constitution bench headed by Chief Justice D Y Chandrachud, which is hearing the matter for the second consecutive day, observed this when senior advocate A M Singhvi, appearing for one of the petitioners, said he would take time, probably till lunch on Thursday, to finish his submissions. Singhvi, whose turn to advance his submissions come at around 12.45 PM, told the bench he is starting his arguments a bit late in the day and will finish sometime before lunch or just at lunch time on Thursday. "Your ability is to put it in point wise form. I think you should finish it much before," said Justice Kaul, who is part of the bench which also comprises Justices S R Bhat, Hima Kohli and P S Narasimha. "This is a matter of some momen

Same-sex marriages: SC urged to use plenary power to ensure acceptance

The petitioners seeking legal validation of same-sex marriage on Wednesday urged the Supreme Court to use its plenary power, prestige and moral authority to push the society to acknowledge such a union which would ensure LGBTQIA persons lead a dignified life like heterosexuals. A five-judge Constitution bench headed by Chief Justice D Y Chandrachud was told by senior advocate Mukul Rohatgi, appearing for one of the petitioners, that the State should come forward and provide recognition to same-sex marriage. He referred to the law on widow re-marriage, and said the society did accept it then and the law acted with alacrity and the social acceptance followed. Here, this court needs to push the society to acknowledge the same-sex marriage. This court, besides the power under Article 142 (which provides SC the plenary power to pass any order necessary for doing complete justice) of the Constitution, has moral authority and it enjoys public confidence. We rely on the prestige and moral .

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Hearing on same-sex marriage: Notion of man, woman is not absolute, says SC

'Can keep personal laws out, all lawyers can address us on Special Marriage Act'

SC sets up constitution bench to hear plea on same-sex marriage

The Supreme Court on Tuesday made it clear that it will not go into the personal laws governing marriages while deciding the pleas seeking legal validation for same-sex marriages and asked the lawyers to advance arguments on the Special Marriage Act. A five-judge constitution bench headed by Chief Justice D Y Chandrachud termed the issue involving the pleas complex and said the very notion of a man and a woman, as referred to in the Special Marriage Act, is not an absolute based on genitals". It is not the question of what your genitals are. It is far more complex, that's the point. So, even when the Special Marriage Act says man and woman, the very notion of a man and a woman is not an absolute based on genitals, said the bench, which also comprised justices Justices S K Kaul, S R Bhat, Hima Kohli and P S Narasimha. On being pointed out the difficulties and ramifications for the Hindu Marriage Act and personal laws of various religious groups if the apex court were to hold same-sex

As SC examines the issue, a look at status of same-sex marriages globally

The Netherlands became the first country to legalise same-sex marriage when the Dutch parliament passed a landmark bill in December, 2000 allowing the practise

Hear objection on pleas seeking validation of same-sex marriages: Centre

The Supreme Court on Tuesday began hearing arguments on a batch of pleas seeking legal validation for same-sex marriages, with the Centre insisting its preliminary objection on whether the court can at all go into this question or it would be essentially for the parliament to go into it be heard first. A five-judge Constitution bench headed by Chief Justice D Y Chandrachud told Solicitor General (SG) Tushar Mehta, appearing for the Centre, that the nature and tenability of the preliminary objection will depend on the canvass the petitioners open up and the court wants to have a view of their argument. Mehta told the bench, also comprising Justices S K Kaul, S R Bhat, Hima Kohli and P S Narasimha, the petitioners can advance their submissions on what they want and also an overview confined to the preliminary objection raised by him. "I am sorry Mr solicitor, we are in charge, the CJI told Mehta, adding the court will hear the petitioners' side first. "You cannot dictate how we will

SC agrees to hear Centre's plea on legal validation of same-sex marriage

The Supreme Court agreed to hear on Tuesday a plea filed by the Centre questioning the maintainability of the petitions seeking legal validation of same-sex marriage. A bench headed by Chief Justice D Y Chandrachud took note of the submissions of Solicitor General Tushar Mehta, who mentioned the plea to decide a preliminary issue. "Yes, it will be listed tomorrow," the bench also comprising justices P S Narasimha and J B Pardiwala said. Terming the petitions seeking legal validation of same-sex marriage as one which reflect an "urban elitist" view for the purpose of social acceptance, the Centre has told the Supreme Court that recognition of marriage is essentially a legislative function which the courts should refrain from deciding. Questioning the maintainability of the petitions, the Centre has said that legal validation for same-sex marriages will cause complete havoc with the delicate balance of personal laws and accepted societal values. A five-judge Supreme Court constituti

Same-sex marriage case in the Supreme Court: Here is what the Centre said

In the case related to the legal recognition of same-sex marriage, the Centre primarily argued that the issue needed to be decided by the Legislature and not by judicial review

Same-sex marriages recognisable under Special Marriage Act: Legal experts

Using gender-neutral words like 'partner', 'spouse' are the key to sanctifying the concept under the 1954 law

5-judge Constitution Bench to decide legal validation of same-sex marriage

The Supreme Court on Monday referred the pleas seeking legal validation of same-sex marriages to a five-judge constitution bench for adjudication, saying the issue is of "seminal importance". A bench headed by Chief Justice D Y Chandrachud said the submissions on the issue involve an interplay between constitutional rights on the one hand and special legislative enactments, including the Special Marriage Act, on the other. "We are of the considered view that it would be appropriate if the issues raised are resolved by a bench of five judges with due regard to Article 145 (3) of the Constitution. Thus, we direct the matter be placed before a five-judge Constitution bench," said the bench, also comprising Justices PS Narasimha and JB Pardiwala. The court posted the matter for arguments on April 18 and said the proceedings will be live-streamed as is done in case of hearings before the constitution benches. Appearing for the Centre, Solicitor General Tushar Mehta, urged the court to

SC agrees to examine same-sex couple plea against Kerala HC order

The Supreme Court on Monday agreed to examine a plea by same-sex couple challenging the Kerala High Court order directing one of them to attend counselling sessions with a psychiatrist.

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