Same-sex marriage can be given legal recognition? SC will Examine

Same Sex Marriage, CJI, Supreme Court


Supreme Court will decide whether same-sex marriage can be given legal recognition or not? Supreme Court to examine the issue of legalizing same-sex marriage. The Supreme Court issued a notice to the Central Government seeking its reply. A baench comprising CJI DY ChandraChud and Justice Hima Kohli heard the lead petition filed by Suprio Chakraborty and Abhay Dang and passed said Above order. The petitioner demanded that the right to marry the person of choice should also be extended to LGBTQ citizens.

Bench headed by CJI DY Chandrachud heard senior advocates Niraj Kishan Kaul and Menaka Guruswamy and advocates Arundhati Katju, Priya Puri and Sristi Borthakur, who appeared in the main petition, while senior advocates Mukul Rohatgi and Saurabh Kirpal appeared for the second petition.

In this matter, Supriyo Chakraborty and Abhay Dang of Hyderabad have been a couple for almost 10 years. They both got COVID during the second wave of the pandemic and when they recovered, they decided to have a wedding-cum-commitment ceremony on their 9th anniversary to celebrate their relationship. They had a commitment ceremony in December 2021 attended by their parents, family and friends.

The petitioners have argued that the Supreme Court of India has always protected the right of inter-caste and inter-faith couples to marry a person of their choice.

Same sex marriage is a continuation of this constitutional journey, the plea has contended.

The petitions have placed reliance on the judgment of the top court in the Navtej Singh Johar case in which Section 377, which criminalised homosexuality, was struck down as unconstitutional.

It has also been said that the Supreme Court in Puttaswamy case, held that LGBTQ+ persons enjoy the right to equality, dignity and privacy guaranteed by the Constitution of India on the same footing as all other citizens.

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About the Author: Ashish Sinha

-Ashish Kumar Sinha -Editor Legally Speaking -Ram Nath Goenka awardee - 14 Years of Experience in Media - Covering Courts Since 2008