[Supriyo and v. Union of India]
After hearing a group of petitions seeking legal recognition of same-sex marriage on Monday, the Supreme Court observed that a kid adopted by a gay or lesbian couple does not always have to be homosexual.
Tushar Mehta, the Solicitor General (SG), spoke on behalf of the Central government, and a bench consisting of the Chief Justice of India (CJI) DY Chandrachud, Justices PS Narasimha, and Justice JB Pardiwala answered to his points of contention.
“The moment marriage as a recognised institution comes between same-sex, question will come on adoption. Parliament will have to examine and see will of the people, psychology of child has to be examined; whether it can be raised in such a way, Parliament will factor into societal ethos,” the SG said.
The CJI reacted as follows:
“Solicitor, the adopted kid of a gay or lesbian couple need not be gay or lesbian.
The case will finally be heard by a bench of five judges on April 18 after being listed for hearing by the court. The petition will be heard by a Constitution Bench, the supreme court announced earlier today.
The Central government has opposed the Supreme Court petitions that gay couples have filed, claiming that same-sex relationships and living together as partners are not comparable to the Indian family unit concept, which entails a biological man and a biological woman with children born out of such wedlock.
The government has argued that the acknowledgment of a specific type of social relationship cannot be a fundamental right.
Additionally, it said that by registering same-sex marriages, existing personal and codified law laws governing individuals—such as “degrees of prohibited relationship,” “conditions of marriage,” and “ceremonial and ritual requirements”—would be violated.
The government made it clear that while same-sex partnerships are legal, the State only recognises heterosexual relationships when they are entered into with the intention of getting married.
Written by Rishav raj, RNB GLOBAL UNIVERSITY , 4TH SEMESTER
0 Comments