The Supreme Court issued notices on two PILs filed by gay couples seeking to recognise same-sex marriage under the Special Marriage Act of 1954 on Friday. A division bench led by Chief Justice of India DY Chandrachud has directed that notices be issued to the Attorney General of India as well as the Central government, with a return date of four weeks.

Senior Advocate Neeraj Kishan Kaul, representing the petitioners, informed the bench of the Centre's statement before the Kerala High Court that it was taking steps to transfer all cases to the Supreme Court. He claimed that the issue affects basic rights such as gratuity, adoption, and surrogacy for same-sex couples. "Even the establishment of joint accounts," he added.

Supriyo Chakraborty and Abhay Dang file the first PIL. They've been together for almost ten years and recently had a commitment ceremony in December 2021, where their parents, family, and friends blessed their relationship. They now request that their marriage be recognised under the Special Marriage Act. Parth Phiroze Mehrotra and Uday Raj Anand, who have been in a relationship for 17 years, have filed the second PIL. They claim that they are currently raising two children together. Still, because they cannot legally solemnise their marriage, both Petitioners are unable to have a legal relationship of parent and child with both of their children.

Reliance is placed on NALSA v. Union of India, where the Supreme Court categorically held that our Constitution protects non-binary individuals and that the protections envisaged under Articles 14, 15, 16, 19 and 21 cannot be restricted to the biological sex of "male" or "female".