SC to listen to pleas searching for authorized validation for same-sex marriages on Monday

By PTI

NEW DELHI: The Supreme Court is scheduled to listen to a batch of pleas searching for authorized validation for same-sex marriages on Monday.

According to Monday’s (March 13) trigger record uploaded on the apex court docket’s web site, the pleas are listed for listening to earlier than a bench comprising Chief Justice DY Chandrachud and justices PS Narasimha and JB Pardiwala.

The apex court docket had, on January 6, clubbed and transferred to itself all such petitions pending earlier than totally different excessive courts, together with the Delhi High Court.

It had stated the counsel showing for the Centre and advocate Arundhati Katju, representing the petitioners, shall collectively put together a typical compilation of the written submissions, paperwork and precedents on which reliance can be positioned in the course of the course of the listening to.

“Soft copies of the compilations shall be exchanged between the parties and shall be made available to the court. List the petition along with connected petitions and transferred cases on March 13, 2023 for directions,” the bench had stated in its January 6 order.

The counsel for a number of petitioners had instructed the bench that they need the apex court docket to switch all of the circumstances to itself for an authoritative pronouncement on the problem and that the Centre can file its response within the high court docket.

On January 3, the apex court docket had stated it might hear on January 6 the pleas searching for a switch of petitions for recognition of same-sex marriages pending earlier than the excessive courts to the highest court docket.

On December 14 final 12 months, the apex court docket had sought the Centre’s response to 2 pleas searching for a switch of the petitions pending within the Delhi High Court for instructions to recognise same-sex marriages to itself.

Prior to that, on November 25 final 12 months, the apex court docket had sought the Centre’s response to separate pleas moved by two homosexual {couples} searching for enforcement of their proper to marry and a path to the authorities involved to register their marriages underneath the Special Marriage Act.

A bench headed by CJI Chandrachud, who was additionally a part of the Constitution bench that in 2018 decriminalised consensual homosexual intercourse, issued a discover to the Centre in November final 12 months, apart from searching for Attorney General R Venkataramani’s help in coping with the pleas.

The high court docket’s five-judge Constitution bench, in a path-breaking unanimous verdict delivered on September 6, 2018, held that consensual intercourse amongst grownup homosexuals or heterosexuals in a non-public house just isn’t against the law whereas hanging down part of the British-era penal regulation that criminalised it on the bottom that it violated the constitutional proper to equality and dignity.

The petitions on which the highest court docket issued the discover in November final 12 months have sought a path that the precise to marry an individual of 1’s selection be prolonged to LGBTQ (lesbian, homosexual, bisexual, transgender and queer) folks as a part of their basic proper.

One of the petitions has sought an interpretation of the Special Marriage Act, 1954 in a gender-neutral method the place an individual just isn’t discriminated in opposition to as a consequence of his sexual orientation.

The apex court docket, in its 2018 judgment, held that part 377 of the Indian Penal Code (IPC) that criminalised consensual homosexual intercourse was “irrational, indefensible and manifestly arbitrary”.

It had stated the 158-year-old regulation had develop into an “odious weapon” to harass the LGBT group by subjecting its members to discrimination and unequal therapy.

NEW DELHI: The Supreme Court is scheduled to listen to a batch of pleas searching for authorized validation for same-sex marriages on Monday.

According to Monday’s (March 13) trigger record uploaded on the apex court docket’s web site, the pleas are listed for listening to earlier than a bench comprising Chief Justice DY Chandrachud and justices PS Narasimha and JB Pardiwala.

The apex court docket had, on January 6, clubbed and transferred to itself all such petitions pending earlier than totally different excessive courts, together with the Delhi High Court.googletag.cmd.push(operate() googletag.show(‘div-gpt-ad-8052921-2’); );

It had stated the counsel showing for the Centre and advocate Arundhati Katju, representing the petitioners, shall collectively put together a typical compilation of the written submissions, paperwork and precedents on which reliance can be positioned in the course of the course of the listening to.

“Soft copies of the compilations shall be exchanged between the parties and shall be made available to the court. List the petition along with connected petitions and transferred cases on March 13, 2023 for directions,” the bench had stated in its January 6 order.

The counsel for a number of petitioners had instructed the bench that they need the apex court docket to switch all of the circumstances to itself for an authoritative pronouncement on the problem and that the Centre can file its response within the high court docket.

On January 3, the apex court docket had stated it might hear on January 6 the pleas searching for a switch of petitions for recognition of same-sex marriages pending earlier than the excessive courts to the highest court docket.

On December 14 final 12 months, the apex court docket had sought the Centre’s response to 2 pleas searching for a switch of the petitions pending within the Delhi High Court for instructions to recognise same-sex marriages to itself.

Prior to that, on November 25 final 12 months, the apex court docket had sought the Centre’s response to separate pleas moved by two homosexual {couples} searching for enforcement of their proper to marry and a path to the authorities involved to register their marriages underneath the Special Marriage Act.

A bench headed by CJI Chandrachud, who was additionally a part of the Constitution bench that in 2018 decriminalised consensual homosexual intercourse, issued a discover to the Centre in November final 12 months, apart from searching for Attorney General R Venkataramani’s help in coping with the pleas.

The high court docket’s five-judge Constitution bench, in a path-breaking unanimous verdict delivered on September 6, 2018, held that consensual intercourse amongst grownup homosexuals or heterosexuals in a non-public house just isn’t against the law whereas hanging down part of the British-era penal regulation that criminalised it on the bottom that it violated the constitutional proper to equality and dignity.

The petitions on which the highest court docket issued the discover in November final 12 months have sought a path that the precise to marry an individual of 1’s selection be prolonged to LGBTQ (lesbian, homosexual, bisexual, transgender and queer) folks as a part of their basic proper.

One of the petitions has sought an interpretation of the Special Marriage Act, 1954 in a gender-neutral method the place an individual just isn’t discriminated in opposition to as a consequence of his sexual orientation.

The apex court docket, in its 2018 judgment, held that part 377 of the Indian Penal Code (IPC) that criminalised consensual homosexual intercourse was “irrational, indefensible and manifestly arbitrary”.

It had stated the 158-year-old regulation had develop into an “odious weapon” to harass the LGBT group by subjecting its members to discrimination and unequal therapy.