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The Supreme Court will hear again today on 15 petitions seeking legal recognition of same sex marriage. Earlier on Tuesday, both the sides gave their arguments in the court.
Opposing the recognition of same sex, the central government said that we are getting entangled in this matter. We are saying that the matter should not be heard at all. This is a very sensitive issue. On this, the court said that the exercise of hearing is being done for generations to come. The court and Parliament will decide on this later.
During the hearing held on Tuesday, Solicitor General (SG) Tushar Mehta presented the side of the Central Government. Mukul Rohatgi advocated the petitions in favor of same sex marriage. The case is being heard by a five-judge constitutional bench of Chief Justice DY Chandrachud, Justice SK Kaul, Justice S Ravindra Bhat, Justice PS Narasimha and Justice Hima Kohli.
What arguments were given in the court in the hearing on 18 April
Central government: Solicitor General SG Mehta said that the issue of same sex marriage is not such that 5 people sitting on one side, 5 people sitting on the other side and 5 scholars sitting on the bench can debate. In this, the point of view of the farmer of South India and the businessman of North India will also have to be known. We are still saying whether the court itself can take a decision on this issue.
Supreme Court: We want to know what arguments the petitioners are making. Let us see what is going on in the mind of the petitioner and us.
Central government: This is a very sensitive issue.
Supreme Court: The Solicitor General cannot tell us how to decide. We will also hear from you at the right time.
Petitioner: Senior advocate Mukul Rohatgi said that we want privacy in our homes. Along with this, we should not have to face any stigma in public places. We want that there should be the same arrangement regarding marriage and family for 2 people, as is going on for others now. We have also got equal rights under the constitution as a heterosexual group of the society. The only obstacle standing in the way of our equal rights was 377.
Petitioner: We are getting old. We also want the marriage to be respected. What is the situation today? These people are called gay, they are called queer. If they go somewhere, people start looking at them. This is a restriction and violation of rights under Article A 21.
Central government: The states must be heard, as both Hindus and Muslims will be affected by this matter.
Supreme Court: We do not want to go into personal law and you are asking us to go into it, why so? How can you ask us to decide on this. We are not bound to listen to everything.
Central government: Then we are getting entangled in this matter. We are saying that the matter should not be heard at all.
Supreme Court: We are taking the middle way. CJI said- The exercise of hearing is being done for the generations to come. The court and Parliament will decide on this later.
on 17 april The Center had said – making laws is the job of the Parliament
The Central Government had filed a second affidavit in the Supreme Court on Monday. The government said that the demand for legalization of same sex marriage is only of the urban elite class. The interests of common citizens will be affected if the law is made. Sarkar said that marriage has a social significance in all religions. Marriage is considered a sacrament in Hinduism, even in Islam. Therefore, these petitions should be dismissed. It is for the Parliament to decide on this. Court should stay away from this.
Why is the central government against the same sex marriage law?
The central government is against allowing same sex marriage. On this, the Center has filed an affidavit in the Supreme Court demanding dismissal of all the petitions. Understand in four points…
- The Central Government had said- Even though the Supreme Court has decriminalized Section 377 of the IPC, it does not mean that the petitioners claim the fundamental right to same sex marriage.
- The Central Government has told Same Sex Marriage against the concept of Indian family. The Center said same-sex marriage cannot be compared with the concept of children born to husband and wife in an Indian family.
- Even according to the law, same sex marriage cannot be recognized, because the definition of husband and wife has been given biologically. Accordingly, both have legal rights as well. How can husband and wife be considered separately in case of dispute in same sex marriage?
- In the court, the Center had said that giving legal recognition to same-sex marriages would create a lot of complications in issues related to adoption, divorce, maintenance, inheritance etc. All statutory provisions relating to these matters are based on marriage between a man and a woman.
Who are the petitioner couple?
One of the petitions related to giving legal recognition to same-sex marriage is of Supriyo and Abhay, a gay couple from Hyderabad. Couple has said in their petition that both have known each other for more than a decade and are in a relationship. Despite this, the rights that married people have got, they were deprived of those rights.
While the Supreme Court has been repeatedly reiterating that any adult person is free to marry the person of his/her choice and live life. Couple has said in their petition that many facilities ranging from surrogacy, adoption and tax benefits are available only to married people. They should also get such facilities. Read full news…
Also read this news related to same sex marriage…
Hearing on Same Sex Marriage in Supreme Court, Chief Justice said – Court and Parliament will decide on this
On 18 April, the Supreme Court heard 15 petitions seeking legal recognition of same sex marriage. During this, the central government said that the issue of same sex marriage is not such that 5 people sitting on one side, 5 people sitting on the other side and 5 scholars sitting on the bench can debate. In this, the point of view of the farmer of South India and the businessman of North India will also have to be known. Read full news…
In the Supreme Court, the central government said that it is the job of the parliament to make laws, the courts should stay away from it.
On April 17, the Central Government filed a second affidavit in the Supreme Court in the Same Sex Marriage case. In this, the Center said that the demand for legalization of same sex marriage is only of the urban elite class. This will affect the interests of common citizens. The government said that it is for the Parliament to decide on this. The court should stay away from judgment on this. Read full news…
