The supreme court has finally notified the composition of a 5-Judge Bench which will hear the petitions seeking recognition for same-sex marriage. It was in March when the three-judge bench comprising of CJI DY CHANDRACHUD, JUSTICE PS NARASIMHA AND JUSTICE JB PARDIWALA directed the petitions to a Constitution Bench
The bench will consist of Chief Justice of India – Dy Chandrachud, Justice Sanjay Kishan Kaul, Justice Ravindra Bhat, Justice Hima Kohli and Justice Ps Narasimha.
The bench will start hearing the petitions on April 18.
The petitions challenge the provisions of the HINDU MARRIAGE ACT, foreign marriage act and special marriage act to the extent that they do not recognize same-sex marriage. It was January when a bench headed by CJI DY CHANDRACHUD transferred to itself petitions pending in the high court for same-sex marriage.
In its counter affidavit filed by the Centre in the supreme court, the union government stated that it was a matter for the legislature to decide.
Statutory recognition of marriage limited to marriage /union/ relation as being heterosexual is the norm throughout history and is foundational to the state’s existence and continuance” the Centre said while arguing that there is a companion legitimate state in trust and recognizing only heterosexual marriages. The Centre also argued that no fundamental rights under part 3 of the constitution are breached due to the non-recognition of same-sex marriage.
Written by Vaishnavi Goel (BA.LLB), 6TH Semester, Punjab School of Law, Punjabi University, Patiala
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