Same-Sex Marriage Issue Of “Seminal Importance”: Supreme Court
New Delhi: The Supreme Court today said that a five-judge constitution bench will hear the final arguments on the legalization of same-sex marriages in India on April 18. Any decision on the matter would have a huge impact on the society, which the Supreme Court said was a “matter of importance”.
The hearing will be telecast live on the Supreme Court website and YouTube.
“This judgment will have a huge impact on the society – not to cut anyone’s time, it needs to be considered,” the three-judge bench said.
“We are of the view that it would be appropriate if the issues raised were resolved by a five-judge bench of this court in view of A 145(3) of the Constitution. Therefore, we direct that it be placed before a constitution. bench,” the judges said.
The Center had earlier argued that same-sex marriage was inconsistent with the concept of the “Indian family unit”, which “consists of husband, wife and children, which must present a biological man as ‘husband’. A biological woman is a ‘wife’ and children born of the union between the two – The biological male is raised by the father and the biological female by the mother”.
The government said the petitioners could not claim their fundamental right to same-sex marriage to be recognized under the laws of the country despite not offending Section 377 of the Indian Penal Code.
The Center said cohabitation as partners and same-sex intercourse (now decriminalized) cannot be equated with the concept of the Indian family unit.
At least four same-sex couples have asked the court to recognize same-sex marriages in recent months.