Due to increase pendency of petitions before several High Court, the supreme court decides to transfer the cases for speedy hearings.
All the matters concerning with same sex marriage will now be transferred to high court and any petitioner who cannot engage a counsel can appear virtually and make their submission.
A Bench of Chief Justice of India DY Chandrachud and Justices PS Narasimha and JB Pardiwala directed,
“Since several batches of petitions are pending before Delhi, Kerala and Gujarat High Courts involving the same question, we are of the view that they should be transferred and decided by this Court. We direct that all writ petitions shall stand transferred to this Court.”
The matter will be heard on March 13, after written submissions and counters are filed by all parties. Advocate Arundhati Katju was appointed as the nodal counsel for the petitioners, whereas Advocate Kanu Agrawal will be the nodal counsel for the Central government.
Further, Senior Advocate Mukul Rohatgi suggested that matters should also be heard by apex court along with High court for speedy disposal of cases.
Senior Advocate Neeraj Kishan Kaul pointed out that notice was issued in the petitions filed to transfer all such matters to the Supreme Court.
CJI Chandrachud said at this point,
“Are all matters collated earlier governed by transfers here? If those petitioners are not here, can we transfer them here.”
Solicitor General Tushar Mehta then suggested,
“Matter was ripe for hearing before Delhi High Court. If hearing is awaited then you can have benefit of Delhi High Court judgment.”
However, the CJI said,
“We will transfer all petitions before the High Courts (to the Supreme Court). Any petitioner who wants to appear virtually can appear virtually make any point, we will hear them.”
In one of the petition, filed by Supriyo Chakraborty and Abhay Dang, two gay men living in Hyderabad asked for the extention of right to marry a person of own choice in LGBTQIA+ citizens as well.
After having been together for almost 10 years, Supriyo and Abhay decided to have a wedding-cum-commitment ceremony in order to celebrate their ninth anniversary of their relationship, after recovering from COVID.
However, despite the same, they do not enjoy the rights of a married couple, the plea pointed out.
Another petition filed by gay couple Parth Phiroze Mehrotra and Uday Raj said that non-recognition of same-sex marriages is violative of the right to quality under Article 14 and the right to life under Article 21 of the Constitution.
Many petitions came into the knowledge of the court, which highlighted that LGBTQIA are deprived of their right to marry and enjoy their freedom. Many of them depicted their dismay and disconcert from the functioning of the court and government regarding their legal approval over the same-sex marriage.
BY: AYUSHI BHUSHAN, 1st YEAR, BA.LLB(INTEGRATED), BANASTHALI UNIVERSITY, RAJASTHAN
