NEW DELHI: The Chief Justice of India D Y Chandrachud led five-judge Constitution bench would now take up a batch of petitions seeking recognition of same sex marriage from April 18.
The causelist put out on SC's website showed that a bench of the CJI and Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and P S Narasimha will hear the petitions filed by Supriyo alias Supriya Chakraborty and others from April 18.
On March 13, a three-judge bench led by Chief Justice of India referred the matter to a Constitution bench, calling it a "very seminal issue".
The matter would also be live streamed in compliance of the SC's order in all Constitution bench matters.
It is to be noted that the Union government had opposed the plea for granting legal sanctity to same sex marriage, saying that legal validation of it will cause "complete havoc" with the delicate balance of personal laws in the country and in accepted societal values. The Centre had also said that legislative policy recognised marriage as a bond only between a biological man and a biological woman only.
On the contrary, the petitioners, for their part, had said the right to marry cannot be withheld to a class of persons solely on the basis of their gender identity and sexual orientation. They also said personal laws could harmoniously be read down to make a provision for it.
They further pointed out that the Special Marriage Act recognised marriage between two persons.
In the Navtej Singh Johar judgement (decriminalisation of Section 377 of IPC), the Supreme Court had said the right to life included the right to marriage, procreation and even sexual orientation. Citing the Puttaswamy judgement (on right to privacy) and Deepika Singh case, they said the rights recognised by the Supreme Court are far beyond the narrow interpretation given to the provisions of the Special Marriage Act.
The petitioners also said what is involved here is right to life under Article 21 and right to expression under Article 19 of the Constitution. Denial of right to marry is denial of right to expression and dignity, these are natural rights to individuals, they said.
Senior advocates like Mukul Rohatgi, A M Singhvi, K V Vishwanathan, Menaka Guruswamy and Neeraj Kishan Kaul had earlier appeared for the petitioners.
Solicitor General Tushar Mehta had represented the Union government along with his team of counsel.
