SC transfers all pleas seeking legal recognition of same-sex marriages to itself

The Supreme Court on Friday clubbed and transferred to itself all petitions pending before different high courts across the country with regard to legal recognition to same-sex marriages.

A bench of Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala asked the Centre to file its joint reply to all the petitions on the issue by February 15 and directed that all the petitions will be listed in March.

The bench said any petitioner, if not available to argue physically before the court, can avail the facility of virtual platform. It asked the counsels from the Centre and petitioners to file a written note on the issue, laws and precedents, if any, and share it among themselves and the court.

Also read: Allahabad HC rejects 2 women’s plea to recognise their same-sex marriage

The bench asked the counsel for the Centre to ensure that no petitioner is left out and details of all the petitions be incorporated in the compilations to be made.

S-G’s suggestion

Solicitor-General Tushar Mehta told the bench that there are two options available for the court as a petition is ripe for hearing before the Delhi High Court and the top court could await its verdict or it can transfer all the petitions to itself.

The counsels for multiple petitioners told the bench that they want the top court to transfer all the cases to itself for an authoritative pronouncement on the issue and Centre can file its response before the top court.

On January 3, the top court had said that it would hear on January 6 the pleas seeking transfer to the apex court of the petitions pending before high courts for recognition of same-sex marriages.

Legal chronology

On December 14, 2022, the top court had sought a response from the Centre to two pleas seeking transfer to the apex court of the petitions pending in the Delhi High Court for directions to recognise same-sex marriages.

A bench headed by CJI Chandrachud, who was also part of the Constitution bench which in 2018 decriminalised consensual gay sex, had in November last year issued notice to the Centre besides seeking the assistance of Attorney General for India R Venkataramani in dealing with the pleas.

Also read: Our values are against same-sex marriage, Centre tells Delhi High Court

The top court’s five-judge Constitution bench, in a path-breaking unanimous judgement delivered on September 6, 2018, held consensual sex among adult homosexuals or heterosexuals in private space is not a crime while striking down a part of the British-era penal law which criminalised it on the ground that it violated the constitutional right to equality and dignity.

(With Agency inputs)