New Delhi: The Supreme Court has ordered the transfer of cases seeking legal recognition of same-sex marriages to a 5-judge constitutional bench.
Section 377 of the British Constitution criminalized homosexuality. Various cases were filed against this in the High Court and the Supreme Court. Finally, in 2018, the Supreme Court ruled that homosexuality is not a crime. Following this, it was ordered on January 6 to transfer all the petitions filed seeking legal recognition of same-sex marriage to the Supreme Court.
“Same-sex marriage has been legalized in many countries, including the United States. Similarly, same-sex marriage should be legalized in India,” the petitions said. A bench of Chief Justice Chandrachud, Justices Narasimha and Pardiwala is investigating the case. The Supreme Court recently ordered the central government to file a reply in the case. Accordingly, a 56-page reply was filed in the Supreme Court yesterday on behalf of the Central Government.
It has been said that: Regarding same-sex marriage, a clear explanation has been given in the judgment given by the Supreme Court in the case of Navjot Singh Johar in 2018. Heterosexuality is an individual choice. It is legally entitled. But the Supreme Court has ordered in Navjot Singh Johar case that there is no legal right to marriage.
In India, the marriage relationship between husband and wife is considered sacred. Indian society and tradition do not accept heterosexual marriage. Recently, society has accepted various types of marriages and relationships. The Central Government did not object to it. But the government does not want to recognize same-sex marriage. At the same time, he did not deny that homosexuality is legal. This was stated in the central government’s reply.
In this case, the case came up for hearing again in the Supreme Court on Monday. The judges heard the case and ordered to transfer these cases seeking legal recognition of same-sex marriages to a 5-judge constitutional bench.
