Indian SC transfers petitions to itself seeking same-sex marriage to be legal

The Supreme Court, on Friday, transferred to itself various petitions seeking legal recognition for same-sex marriage from various High Courts, including Delhi, Kerala and Gujarat.A bench, headed by Justice DY Chandrachud, transferred to itself several batches of petitions pending before Delhi, Kerala and Gujarat High Courts. The Court said that since several batches of petitions are pending before various High Courts, including Delhi, Kerala and Gujarat, involving the same subject, the top Court is of the view that they should be transferred and decided by the top Court.

The top Court also agreed to provide a virtual platform for appearances to those petitioners who cannot engage counsel here or travel to Delhi.The Court listed the matter for further hearing on March 13, 2023. The Court also sought the Centre’s response to the petitions and asked the government to file a counter affidavit.

The Court was hearing various petitions seeking to transfer plea, relating to legal recognition of same-sex marriage, from the Delhi High Court to it.

The couple was represented by Senior Advocate Menaka Guruswamy who sought a transfer of the plea. The plea was filed through an advocate on record Shally Bhasin.The Delhi High Court was hearing various petitions, relating to the legal recognition of same-sex marriage, under the Foreign Marriage Act and the Special Marriage Act.

Earlier, the Supreme Court agreed to examine two separate petitions, seeking legal recognition of same-sex marriage, under the Special Marriage Act. On November 25, the Supreme Court issued notice to the Centre on the two separate petitions and also noted the various pleas relating to same-sex marriage issues are being heard in various High Courts, including Kerala and Delhi.

The top Court had also noted the Centre made a statement before HC that the Ministry was taking steps to transfer all pleas to the Supreme Court. Two same-sex couple has approached the Supreme Court to recognise same-sex marriage.One of the petition earlier has raised the absence of a legal framework which allowed members of the LGBTQ+ community to marry any person of their choice.

According to the earlier petition, the couple sought to enforce the fundamental rights of LGBTQ+ individuals to marry any person of their choice and said that, “the exercise of which ought to be insulated from the disdain of legislative and popular majorities.”

The petitioners, further, asserted their fundamental right to marry each other and prayed for appropriate directions from this Court allowing and enabling them to do so.