Same Sex Marriage: SC Transfers All Petitions to Itself, Next Hearing on March 13th

The Supreme Court of India transfers all same sex marriage petitions to itself from Different state high courts and fixed 13 th of march for next hearing. The Bench Comprising Chief justice DY Chandrachud and PS Narsimha and Justice JB Pardiwala directed that since several batches of petitions are pending before Delhi, Kerala and Gujarat High Courts involving the same question, we are of the view that they should be transferred and decided by this Court. We direct that all writ petitions shall stand transferred to this Court.

The Bench on Friday asked also the Centre to file its joint reply to batch of petitions seeking legal recognition to same-sex marriages.

A bench of Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala asked the Centre to file its reply by February 15 and directed that all the petitions will be listed in March.

The Court was hearing a petition filed by Supriyo Chakraborty and Abhay Dang, gay couple living in Hyderabad seeking that the right to marry a person of one’s choice should extend to LGBTQIA+ citizens as well.

Supriyo and Abhay have been a couple for almost 10 years. They both contracted COVID-19 during the second wave of the pandemic and when they recovered, they decided to have a wedding-cum-commitment ceremony to celebrate the anniversary of their relationship.

It was also contended that the Supreme Court in the Puttaswamy case, held that LGBTQIA Plus persons enjoy the right to equality, dignity and privacy guaranteed by the Constitution on the same as all other citizens.

Another petition filed by gay couple Parth Phiroze Mehrotra and Uday Raj said that non-recognition of same-sex marriages is violation of the right to quality under Article 14 and the right to life under Article 21 of the Constitution.

Homosexuality was decriminalized in India, that meant same-sex relationships legal status. However, same-sex marriage was not legalized.  Since then, the LGBTQIA community has urged the government to introduce laws allowing same-sex marriage, same-sex adoption, and inheritance rights.