New Delhi: The Supreme Court on Monday referred petitions seeking recognition for same sex marriages to a five-judge Constitution bench that will start hearing the matter from 18 April.
On Monday, Solicitor General Tushar Mehta – arguing for the Centre – said the right to love, express and freedom of choice was already upheld and no one was interfering with that right, but that did not mean conferring the right of marriage.
Mehta said the moment marriage as a recognised institution took place between same sex people, the question would arise on adoption, and therefore, the Parliament would have to assess the child’s psychology and whether it could be raised in such a manner.
To this, the top court remarked that the adopted child of a gay or lesbian couple does not have to be gay or a lesbian.
However, Chief Justice of India D.Y. Chandrachud said: ”We are of the view that it would be appropriate if the issues raised are resolved by the bench of five judges of this court with due regard to A 145(3) of the Constitution. Thus, we direct it to be placed before a Constitution bench.
The central government on Sunday opposed the batch of petitions on the assertion that same-sex marriage was against the “Indian notion of marriage” that “necessarily and inevitably presupposes a union” between a biological man and a biological woman only.
The government also said recognition of marriage between homosexual couples would lead to a deviation from the Indian concept of a family unit, in which the children born out of the union between a biological man and biological woman were reared by both as father and mother.
The Centre, however, urged the apex court not to cut short arguments of either side on the issue of same-sex marriages, saying the verdict would affect society as a whole.
Also read: Centre opposes recognition of same-sex marriage in SC citing personal laws, societal values