The five constitutional bench of the Supreme Court hear plea seeking validation of Same Sex Marriages Today.
A bench of Chief Justice D Y Chandrachud and justices S K Kaul, S Ravindra Bhat, P S Narasimha and Hima Kohli will commence the hearing on April 18 on the petitions which were referred to a larger bench for an authoritative pronouncement on March 13 by the CJI-led bench, saying it is "very seminal issue".
The hearing and the consequential outcome will have significant ramifications for the country where common people and political parties hold divergent views on the subject
The Centre has opposed the petitions seeking legal validation for same-sex marriages, claiming they will cause "complete havoc" with the delicate balance of personal laws and accepted societal values.
The government submitted that despite the decriminalisation of Section 377 of the IPC, which had criminalised consensual gay sex in private, the petitioners cannot claim a fundamental right to same-sex marriage to be recognised under the laws of the country.
"Marriage, as an institution in law, has many statutory and other consequences under various legislative enactments. Therefore, any formal recognition of such a human relationship cannot be regarded as just a privacy issue between two adults," it said.
The Centre said the institution of marriage between two individuals of the same gender is neither recognised nor accepted in uncodified personal laws or codified statutory laws.
Jamiat Ulama-i Hind has also opposed the petitions saying they are an attack on the family system and in complete contravention of all personal laws.
Seeking intervention in the batch of petitions pending before the top court, the organisation also cited Hindu traditions, saying the aim of marriage among Hindus is not merely physical pleasure or procreation but spiritual advancement.
It is one of the 16 'sanskars' in Hindus, the Jamiat said. "This concept of same-sex marriage goes to attack the family system rather than making a family through this process," it said.
However, the Delhi Commission For Protection of Child Rights (DCPCR) supported the petition saying the Centre and state governments should take steps to create public awareness that same sex family units are "normal".
It said multiple studies on same-sex parenting have demonstrated that same sex couples can be good parents.
Referring to examples of countries that have legalised same-sex marriages, the child rights body said at present more than 50 countries allow same-sex couples to legally adopt children.
While referring the pleas to the constitution bench, the court had said the submissions on the issue involve an interplay between constitutional rights on the one hand and special legislative enactments, including the Special Marriage Act, on the other.
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