Same-Sex Marriage in India, Supreme Court Hearing Live Updates, 25 April: CJI Chandrachud observed earlier that by decriminalising homosexuality through the 2018 Navtej Johar judgement, same-sex relationships were recognised as having the potential to be stable. Supreme Court Same-Sex Marriage Hearing Live Updates, 25 April: The Supreme Court will continue to hear pleas for legalising same-sex marriages on Tuesday (April 25). So far, the petitioners have put forward their arguments. Last Thursday, Senior Advocate KV Vishwanathan said, “Centre says that by our very nature, we cannot procreate. Is procreation a valid defence from keeping us from effects of marriage? None of the marriage statues prescribe any upper limit for marriage. Women beyond 45, who are unfit for pregnancy, are allowed to marry. Heterosexual couples who cannot have children are allowed to marry”. The petitioners also argued that if the right to marry a person of choice is guaranteed under Article 21 (Protection of Life and Personal Liberty) and that marriage offers a measure of societal protection. “ Appearing for the petitioners, Senior Advocate Abhishek Manu Singhvi said that personal laws in the country “don’t discriminate” unlike the Special Marriage Act (SMA) of 1954, while arguing against the mandatory 30-day notice period in it. Singhvi added that the period allows interference from khap panchayats and others opposed to such marriages and that it should not exist for heterosexual couples as well. A five-judge Constitution Bench headed by Chief Justice of India (CJI) D Y Chandrachud and also comprising Justices Sanjay Kishan Kaul, Ravindra Bhat, Hima Kohli, and P S Narasimha, is hearing a batch of petitions seeking legal recognition for same-sex marriage. The court had referred the pleas to a Constitution Bench on March 13, saying questions of “seminal importance” were involved. A three-judge Bench headed by the CJI had said the submissions related to an interplay of constitutional rights and specific legislative enactments including the Special Marriage Act on the one hand, and the rights of transgender couples on the other. Read our explainer on the specific issues raised by the petitioners. The Supreme Court said in the first three days of the hearing that it would not be looking into issues of personal laws, which govern matters such as marriage and divorce for different communities and religious groups, and will restrict itself to the Special Marriage Act of 1954. This Act governs a civil marriage where the state sanctions the marriage rather than the religion. Here's an explanation. While Solicitor General Tushar Mehta argued that deciding on same-sex marriage in India comes under the Parliament's domain, the government is yet to present its arguments to the Court. So far, petitioners have discussed a range of topics, including the need for marriage as something that bring with it "a bouquet of rights" related to joint bank accounts, transfer of pensions, etc.
For a detailed recap, do read our highlights blog from the first three days of the hearings.