Yesterday, the Supreme Court of India held that the plea for recognization of same-sex marriage is to be heard by the Constitutional Bench of the Supreme Court. The division bench of Chief Justice of India DY Chandrachud and Justices PS Narasimha and JB Pardiwala said that the plea raises issues concerning rights which are Constitutional in nature and hence, would have to be heard by a Constitution bench of five judges.

A lot of issues raised before this court relate to the right of transgender persons to marry as per natural constitutional entitlement. We are of the considered view that issues here are resolved by 5 judges of this court under 145(3) of the Constitution. We direct hearing of this case be posted before a constitution bench," the Court said in its order.

The Court was hearing a petition seeking recognization of Same-sex marriage The pleas have sought that the right to marry a person of one’s choice should extend to LGBTQIA+ citizens as well.

Earlier, the Central Government filed an affidavit mentioning that living together as partners and having a sexual relationship with same-sex individuals is not comparable to the Indian family unit concept which involves a biological man and biological woman with children born out of such wedlock.

The Government said that there can be no fundamental right to recognition of a particular form of social relationship.

Central Government further informed that registration of marriage of same-sex persons will result in violation of existing personnel.

The next date of hearing is on 18th April 2023.