A Supreme Court bench led by Chief Justice of India DY Chandrachud on Monday referred the pleas related to same-sex marriage to a Constitution bench.
“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 CJI said.
The apex court listed the matter on April 18 for further hearing.
On Sunday, the Centre had opposed the petitions filed before the top court by gay couples seeking same-sex marriage under law, saying it would create a complete havoc with the delicate balance of personal laws and in accepted societal values.
In an affidavit, the Union government said that living together as partners and having sexual relationships with same-sex partners is not acceptable in Indian society, which still recognises the family unit as a husband, wife and children.
“Family issues are far beyond mere recognition and registration of marriage between persons belonging to the same gender. Living together as partners and having sexual relationship by same sex individuals [which is decriminalised now] is not comparable with the Indian family unit concept of a husband, a wife and children which necessarily presuppose a biological man as a ‘husband’, a biological woman as a ‘wife’ and the children born out of the union between the two – who are reared by the biological man as father and the biological woman as mother,” the affidavit stated, as quoted by Bar and Bench.
On January 6, the Supreme Court had clubbed and transferred to itself all such petitions pending before different high courts.
One of the petitions was filed by Hyderabad-based gay couple Supriyo Chakraborty and Abhay Dang. They have been in a relationship for the last 10 years, and in their plea, they had contended that despite being married, they do not enjoy the rights of a married couple.
Another petition was filed by gay couple Parth Phiroze Mehrotra and Uday Ray, which read that non-recognition of same-sex marriages is violative of the right to quality under Article 14 and the right to life under Article 21 of the Constitution.