Central government is agreeable on forming a committee for the examination to grant certain legal rights to same sex couples without legally recognizing their marriage. The constitution bench has asked the solicitor general Tushar Mehta to seek instructions from the center on granting these rights at the last hearing. The bench asked him to lay down any executive guideline so that social equality and justice can be ensured to them. The couples will have the right to open joint bank accounts and nominate their partners in insurance policies through this granting.
The solicitor general has said that since the government has a positive response towards this matter, it requires coordination from more than one ministry and a committee headed by not less than a cabinet secretary will be constituted. The advocates appearing for the petitioners can raise the problems faced by the couples and give their suggestions. The Chief justice asked the attorney general and solicitor general along with lawyers appearing in this matter to hold a meeting over the weekend for the discussion of this issue.
The marriage of same sex couples is not legally recognized in India, but they can attain rights as a live in couple since August 2022. This live in rights comes under the ambit of article 21 which guarantees right to life and personal liberty. CJI observed that certain incidents of cohabitation such as bank accounts and insurance policies can be resolved by the government. Justice Sanjay Kishan Kaul stated that even though they are reluctant to give legal recognition to their marriage, they are not reluctant to resolve the issues rising out from their companionship. If these rights are attained by the LGBTQ+ community it will be a building block. Justice Bhat told the petitioner’s advocates that it won’t be an end of their battle for equal recognition even though you don’t or partially accept it.
Name: Krishnapriya.P.D, SEMESTER:3rd Sem of BBA.LLB, College: Government law college Thrissur
REFERENCE
2.https://www.livelaw.in/top-stories/same-sex-marriage-centre-agrees-to-certain-rights-same-sex-couples-without-legal-recognition-marriage-227819
