India / Supreme court constitution bench of 5 judges to hear same sex marriage case live streaming

Zoom News : Mar 13, 2023, 05:55 PM
New Delhi. The Supreme Court has sent the petitions requesting legal recognition to same-sex marriage to a constitution bench of 5 judges. The court said on Monday that the issue is of 'fundamental importance' and now there will be live streaming of the next hearing of the matter on April 18.

A three-judge bench headed by the Chief Justice has recommended that the matter be referred to the constitution bench. The petitioners were given three weeks to file a reply to the Central Government's affidavit.

A bench of Chief Justice DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala said that the issue is the interplay of constitutional rights on the one hand and special legislative enactments including the Special Marriage Act on the other. "We are of the opinion that it would be appropriate if the issues raised are resolved by a five judge bench with regard to Article 145(3) of the Constitution. Thus, we refer the matter to a five judge constitution bench," the bench said. Instructs to send before.

At the same time, opposing the petitions during the court hearing today, the Center told the Supreme Court that it is 'not in line with social morality and Indian ethos.' Solicitor General Tushar Mehta said that our affidavit states that 'Indian statutory and The legislative understanding of 'marriage in the personal law regime' refers only to a marriage between a biological male and a biological female. Any interference in this would pre-destruct the delicate balance of personal laws and accepted social values.

The central government objected, said- the moment same-sex marriage will be recognized…

Solicitor General Tushar Mehta said that the right to freedom of love, expression and choice is already intact. No one is interfering in that right. It is also clear that it does not mean to recognize the right to marry. He said that the moment gay marriage will be recognized, many questions can arise from it. This will raise the question of adoption of a child and therefore the Parliament will have to look into the issue of psychology of the child. He has to check whether it can be raised in this way or not. On this, the Supreme Court said that it is not necessary for a child adopted by a gay couple to be gay.