Tomorrow, the Supreme Court will issue its ruling on the legality of same-sex unions
The Supreme Court’s Constitution Bench will issue its much awaited ruling tomorrow (Tuesday, October 17, 2023) on the issue of same-sex marriage in the Supriyo v. Union of India case.
The Chief Justice of India (CJI), DY Chandrachud, is joined on the Constitution Bench of the Supreme Court by Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and PS Narasimha.
The case was heard by the Chandrachud-led SC panel for 10 days starting on April 18 and was reserved for decision on May 11, 2023.
20 petitions that were submitted to the bench, together reflecting the cries of several same-sex couples, transgender people, and LGBTQIA+ campaigners, have drawn attention to the issue. The Special Marriage Act (SMA), the Hindu Marriage Act (HMA), and the Foreign Marriage Act (FMA) of 1969 were all challenged by these petitioners. However, the Supreme Court made it clear that it would only review the SMA’s provisions and leave personal laws alone.
The Union government has said that, although it would consider granting certain privileges to same-sex couples, it would not recognize the marriage’s legal legality. The administration had also maintained that the Legislature alone have the power to decide on issues like marriage.
The petitioners have also called for more gender-neutral phrases like “spouse” or “person” to be used in lieu of the SMA’s “husband and wife” language. The Union administration argued against this argument by stating that a certain interpretation would jeopardize several other current laws pertaining to people’s civil lives, including those governing adoption, succession, surrogacy, maintenance, etc.
The petitioners’ quest to make same-sex marriage legal has so far been met with fierce resistance. A group of retired judges issued a public appeal in March 2023 pleading for the petitioners and society to drop their desire to legalize same-sex unions in light of “the Indian society and culture.”
The adoption of children by same-sex couples has also drawn criticism from the National Commission for the Protection of Child Rights (NCPCR), which claims that doing so might endanger the welfare of youngsters. The Delhi Commission for Protection of Child Rights (DCPCR), on the other hand, has adopted a different viewpoint and has pushed for such adoptions. They contend that there is a dearth of actual evidence showing that gay couples are unsuited for raising children.
