New Delhi: The Supreme Court Monday referred a set of petitions to legalise marriage between homosexual couples to a Constitution bench of five judges.
A bench led by Chief Justice DY Chandrachud made the reference while fixing 18 April as the next date of hearing. Since the matter will be heard by a Constitution bench, the proceedings of the case would also be telecast live on the top court’s YouTube channel.
“Having due regard to the context of the issues raised in the petitions, we are of the considered view that appropriate issues raised are resolved by a five judge bench of this court,” the court ordered.
It directed the hearing of the petitions be posted before a Constitution bench. The court gave 10 days time to the two nodal advocates to compile the prayers of 16 petitions filed in the case.
The order comes a day after the Centre filed its response opposing the petitions, saying any tinkering with the existing legal framework on marriage is likely to render the laws obtoise.
It has also said that though the government does not consider a homosexual relationship as illegal, it cannot be sanctified as marriage because the notion of a family, as per societal norms, consist of biological man who is a father, and a biological woman, who is the mother and a child born out of their union.
The government has also urged the court to leave it to the Parliament to have a debate on the subject as any deviation from the established norm could create havoc.
Marriage, it said, is not a private matter between two individuals but has a significant contribution to the evolution of society.
During the brief hearing Monday, the petitioners opposed the Centre’s suggestion and told the court that existing laws that recognise marriage as a union between a biological man and woman can be read down.
In its reference order, the SC Monday went on to record that the petitions are an interplay between Constitutional rights of individuals on one hand and specific legislative enactments on the other. One of the issues raised among them relate to rights of transgender couples to marry, the order noted.
Appearing for the Centre, Solicitor General Tushar Mehta clairified that there is no stigma on homosexual relationships. The question raised before the court is whether this (homosexual) relationship preserved under the right to dignity by the top court, can be given protection by the government.
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