Pune, 21 March 2023
In the latest move to legalize same-sex marriage in India, the Supreme Court has directed the case - Supriyo Chakraborty vs the Union of India, to a 5-Judge Constitutional Bench. The proceedings of the same will start on April, 18 2023.
Supriyo Chakraborty and Abhay Dang first filed the case on November 14, 2022, nearly four years after the decriminalization of homosexuality by the removal of article 377.
The petition revolves around the Constitution's Special Marriages Act, 1954, and its recognition of only 'male' and 'female' marriage.
On November, 25 2022, the Supreme Court bench comprising of two judges- CJI Justice D Y Chandrachud and Justice Hima Kohli directed the Union of India to file a reply.
Later on January, 6 2023 9 cases from Kerala and Delhi High Courts dealing with the same issue were transferred to a now 3-Judge bench with Justice P S Narsimha.
The citizens now wait for the proceedings to begin on April, 18 2023.
The Union of India, in several statements, has stated its reluctance and criticism about the court cases. The Centre says that it threatens the 'Indian family unit'. It argued that it would be a mockery of the Indian traditional way of life.
The Center said "The notion of marriage itself necessarily and inevitably presupposes a union between two persons of the opposite sex. This definition is socially, culturally, and legally ingrained into the very idea and concept of marriage and ought not to be disturbed or diluted by judicial interpretation." as reported by NDTV.
Kiren Rijju, the Union Minister of Law and Justice of India wants this topic to be discussed in the Parliament as it is the representation of people's ideas, visions, and choices.
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