Supreme Court’s Hearing On Same-Sex Marriage Pleas Concludes; Reserves Order

New Delhi, 12th May 2023: Regarding its legal standpoint, the Supreme Court once more stays the same-sex marriage ruling. On May 11, 2023 (Thursday), the court maintained the order after a long conflict of trials and disputes. The petitioners urged that the government recognize their plea and legalize same-sex marriage.

However, following lengthy hearings from both parties, it appears that the Supreme Court needs more time and thought before considering the implications of this case. Additionally, the Court will resume its session on Monday, July 3, 2023 (following the start of the summer break on Monday, May 22, 2023).

After a bench of five judges—Justices Hima Kohli, Sanjay Kishan Kaul, S. Ravindra Bhat, PS. Narasimha, and Chief Justice of India Dhananjaya Y. Chandrachud—argued regarding gay marriages, but the Supreme Court denied the petition.

The panel heard arguments from the legal counsel and made recommendations. Among others, leading petitioners’ attorneys Raju Ramachandran, Mukul Rohatgi, Anand Grover, KV Viswanathan, Abhishek Manu Singhvi, Geeta Luthra, Menaka Guruswamy, and Saurabh Kirpal emphasized equality.

Eloquence was used to argue in favor of LBBTQIA+ so that they would be awarded equal rights and that their unions would be recognized throughout India. According to them, homosexual unions have the same legal standing as heterosexual unions.

The Indian government may accept this following the Special Marriage Act (SMA) to respect and honor the LGBTQ Community. In addition, the organization has earned gained access to social security and other welfare benefits.

The Union Government opposed the idea of gay marriage, claiming that only the union of a biological man and woman is recognized by the nation’s legal system and that any reforms must be approved by Parliament.

As of right now, the court has not decided same-sex marriages. Additionally, Justice Bhat argued that as the Parliament is India’s top legislative body and the actual decision-maker, it would be best to leave it up to them.

The judges added that it is likely up to the Indian government to affirm same-sex unions or to confer the right to marry constitutional legitimacy. But the court hasn’t yet made public its final judgment on the matter. The court can decide in July 2023.