Supreme Court: Since same-sex marriage is incompatible with “Indian culture and society,” the Indian government has vehemently resisted its legalisation. It further argued that as the matter calls for significant changes to the law, the court has no jurisdiction over it.
The government posed the following two issues for the court to decide
- On November 25, 2022, two gay couples filed a petition with the Supreme Court asking for the court to recognise same-sex unions under the Special Marriage Act. The court then issued notifications on the petition.
- On December 14, 2022, the Supreme Court gave notice in relation to another plea that a same-sex couple had submitted. Under the Foreign Marriage Act of 1969, the wedded couple, who included one citizen of the United States and one of India, requested official recognition of their union.
Supreme Court receives cases transferred from High Court
- On January 6, 2023, the Supreme Court issued an order directing the transfer of all applications for same-sex marriage legal recognition that are pending before various high courts to the Apex court.
- The Supreme Court gave notice on additional petitions submitted for similar relief on January 30, February 10, February 20, and March 3, 2023, and linked them with the main case.
- On March 12, 2023, the Centre submitted an affidavit to the SC opposing same-sex marriage, arguing that the idea of an Indian family involves a biological man and woman and that the court will not be able to change the entire legal framework of the nation, which is firmly rooted in cultural and religious traditions.
- In light of the petitions’ broader background and the interrelationship between the statute system and constitutional rights, the SC referred the issue to a Constitution Bench on March 13.
- The Jamiat Ulama-I- Hind opposes the arguments for the legal recognition of same-sex weddings on April 1, 2023, asserting that Islam’s prohibition of homosexuality is unquestionable and well-established.
- The Delhi Commission for Protection of Child Rights (DCPCR), which supports same-sex unions and the ability of same-sex couples to adopt, submitted an intervention application on April 6.
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Notice to the Constitutional Bench
- The Supreme Court announced the makeup of the five-judge panel that will consider the group of petitions requesting legal recognition for same-sex marriage on April 15, 2023.
- On April 17, 2023, the Centre submitted a fresh application, this time contesting the validity of the group of arguments. The Solicitor General brought up the application, and the CJI ordered that it be listed with the main case.
- April 17: According to the NCPCR, same-sex youngsters may not have had as much exposure to traditional gender role models, which may have an effect on how they perceive gender roles and gender identity.
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