LIVE | ‘Only Parliament can make laws to allow same-sex marriages, not courts’
The Centre's stand
The Centre is opposing the legalisation of same-sex marriages on these grounds:
That legal sanctity can be given only by competent legislature, not the courts.
That legality for gay marriages reflects a “mere urban elitist views” that the vast majority of Indians don’t want.
That marriage is a “heterogenous institution” involving the union of “a biological male and biological woman”.
That all the religions in India consider marriages sacred, and there’s no room for homosexuality.
Matter referred to five-judge bench
The three-judge Bench referred the petitions to recognise same-sex marriages to a five-judge Constitution Bench, which started hearing the arguments on April 18. The apex court Bench, calling it “a matter of seminal importance,” said any decision on the subject will have “a huge bearing on society”.
“This judgment will have a huge bearing on society — don’t cut down anyone’s time and this must be considered,” a three-judge Bench said on March 13. “We are of the view that it would be appropriate if the issues raised are resolved by the Bench of five judges of this court with due regard to A 145(3) of the Constitution. Thus, we direct it to be placed before a Constitution Bench,” the judges said.
Article 145(3) states that a Bench of at least five judges should hear cases involving substantial questions and interpretation of the Constitution.Three-judge bench starts hearing
Path-breaking verdict
The Supreme Court’s five-judge Constitution bench, in a path-breaking unanimous verdict delivered on September 6, 2018, decriminalised consensual gay sex. The court held that consensual sex among adult homosexuals or heterosexuals in a private space is not a crime while striking down a part of the British-era penal law that criminalised it on the ground that it violated the constitutional right to equality and dignity.