The Supreme Court is scheduled to pronounce its verdict on a batch of pleas seeking to grant legal recognition to same-sex marriages on Tuesday. A five-judge bench of the top court had reserved its verdict in the case following marathon hearings in May this year.
The matter reached the doors of the apex court last year. As many as 18 same-sex couples filed petitions before it seeking the recognition of same-sex marriages under the Special Marriage Act, the Foreign Marriage Act and Hindu Marriage Act.
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Same-sex marriage case: Complete timeline of events
November 25, 2022: Two same-sex couples move Supreme Court seeking recognition of same-sex marriage under Special Marriage Act. The plea contended that Special Marriage Act be made gender neutral SC issues notices to Centre, Attorney General of India.
December 14, 2022: Supreme Court issues notice on another plea filed by same-sex couple. The married couple, including an Indian and a US citizen, seek legal recognition of marriage under Foreign Marriage Act.
January 6, 2023: Supreme Court directs transfer of all cases on the matter before different high courts to the apex court. Posting the matter for hearing on March 13, the apex court asks the government to file its response on the matter by February 15.
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January 6, 2023: Top court appoints nodal counsel on behalf of both sides to assist the court.
January 30, 2023: SC issues notices on fresh petition seeking similar relief, tags them with main case.
February 10, 2023: SC issues notices on fresh petition seeking similar relief, tags them with main case.
February 20, 2023: SC issues notices on fresh petition seeking similar relief, tags them with main case.
March 3, 2023: SC issues notices on fresh petition seeking similar relief, tags them with main case.
March 12, 2023: Centre files affidavit in SC opposing same-sex marriage. Centre states that the concept of an Indian family involves a biological man and woman and the court cannot change the entire legislative policy of the country that was deeply embedded in religious and societal norms.
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March 12, 2023: Centre argues that the top court cannot disturb or dilute the idea and concept of marriage, as ingrained socially, culturally and legally as a union of two persons of the opposite sex, by judicial interpretation.
March 13, 2023: Supreme Court refers case to Constitution bench, citing inter-relationship between the statutory regime and constitutional rights.
March 13, 2023: Petitioners assert broader constitutional entitlements arising out of the right to life and personal liberty and the right to dignity under Articles 14, 19 and 21.
April 1, 2023: Jamiat Ulama-I- Hind, a religious body comprising Islamic scholars, opposes pleas seeking legal recognition of same-sex marriages. It claims that Islam’s position on prohibition of homosexuality is undisputed and established.
April 6, 2023: The Delhi Commission for Protection of Child Rights (DCPCR) files an intervention application supporting same-sex marriages and the right of same-sex couples to adoption.
April 15, 2023: Supreme Court notifies composition of 5-judge bench to hear the batch of petitions seeking legal recognition for same-sex marriage.
April 17, 2023: Centre files fresh application, questioning the maintainability of the batch of pleas and point out that same-sex marriages cannot be recognised through judicial adjudication and that any decision on it falls under the purview and competence of the executive.
April 17, 2023: Centre tells court that those seeking marriage equality representative of “urban elitist views for the purpose of social acceptance”, and that the popular will of the people wants marriage be recognised solely amongst heterosexual individuals.
April 17, 2023: NCPCR seeks to intervene in pleas. The child body claims that children raised by same-sex parents may have limited exposure to traditional gender role models, which could impact their understanding of gender roles and gender identity, thus affecting their overall personality development.
April 18, 2023: Five-judge Constitution bench begins hearing batch of pleas seeking legal recognition of same-sex marriages in India.
April 27, 2023: Supreme Court asks Centre to file response on social benefits that same-sex coiples can be granted without legal recognition of marital status.
May 9, 2023: Hearing resumes for ninth day.
May 10: Rajasthan opposes same-sex marriage, 6 states seek time to examine.
May 11: Constitution bench led by CJI DY Chandrachud reserves verdict.
October 17: Verdict awaited
Also Read: Same-sex marriage: Historical legitimacy and democratic dilemmas
Same-sex marriage: The issues dealt with by court
Among the most pertinent issues before the Supreme Court was the definition of marriage, besides the arguments for and against the inclusion of a provision for same-sex marriages under the purview of the Special Marriage Act. While the petitioners argued that the SMA already provides a route for recognition of “marriage” between two adults outside of the definitions and recognitions of personal law, the government and the court have pointed out that “marriage” as defined under the Special Marriage Act also draws certain definitions and concepts from the various religious personal laws.
The court also delved into how the recognition of same-sex marriages in India would impact the several laws and provisions that granting legal sanction to same-sex marriages could entail. These include separate minimum age of marriage for boys and girls, succession, guardianship and adoption. The Centre has pointed out that over 160 provisions across various legislations would have to be changed to accommodate the recognition of same-sex marriages.