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The Supreme Court is scheduled to deliver its much anticipated verdict on the pleas seeking legal validation for the same sex marriage in the country on Tuesday. A five-judge Constitution bench headed by Chief Justice D Y Chandrachud had reserved its verdict on the matter on May 11 after a marathon hearings of 10 days.
Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and P S Narasimha were also the part of the five-judge Constitution bench which commenced the hearing on the matter on April 18.
The Centre had largely opposed to the petitions during the hearing saying any constitutional declaration made by the apex court on the petitions seeking legal validation for same-sex marriage may not be a “correct course of action” as the court will not be able to foresee, envisage, comprehend and deal with its fallout.
The Centre had sought responses from the state on the matter and told the court that seven states had responded on the issue of same-sex marriage and the governments of Rajasthan, Andhra Pradesh and Assam had opposed the petitioners’ contention seeking legal endorsement for such wedlock.
While hearing the matter, the bench made it clear that it would not go into personal laws governing marriages while deciding the pleas seeking judicial validation for same-sex marriages adding that the very notion of a man and a woman, as referred to in the Special Marriage Act, is not “an absolute based on genitals”.
Some of the petitioners in the case had urged the Supreme Court
to use its plenary power, “prestige and moral authority” to push the society to acknowledge such a union which would ensure LGBTQIA++ lead a “dignified” life like heterosexuals.
LGBTQIA++ stands for lesbian, gay, bisexual, transgender, queer, questioning, intersex, pansexual, two-spirit, asexual and ally persons.