Supreme Court Verdict on Gay Marriage in India

New Delhi: Supreme Court to Decide on Gay Marriage

Summary:

  • A Constitution bench of five judges of the Supreme Court is set to announce its verdict on whether gay marriage should be approved in the country or not.

Introduction:

A Constitution bench consisting of Chief Justice DY Chandrachud, Justice Sanjay Kishan Kaul, Justice S Ravindra Bhat, Justice Hima Kohli, and Justice PS Narasimha will deliver its decision on Tuesday regarding the approval of gay marriage in India. This comes after the bench heard petitions challenging provisions of the Hindu Marriage Act, Special Marriage Act, and Foreign Marriage Act, which currently prohibit same-sex couples from marrying each other.

Background:

The Constitution bench reserved its decision on May 11 after hearing all the parties involved. The bench has been considering the arguments against the existing laws that prevent same-sex couples from getting married.

The Solicitor General’s Remarks:

The Solicitor General has expressed concerns over the issue, stating that gay marriage is not a simple matter to address. He emphasized that making minor changes in the Special Marriage Act would not be sufficient and that recognizing gay marriage would lead to numerous legal complications. This decision would impact around 160 other laws related to family and family issues, as they currently define a husband as a man and a wife as a woman.

Arguments of the Petitioners:

The petitioners have argued for the recognition of gay marriage in India, citing the example of many countries around the world where it is already legal. They highlighted the lack of legal rights for gay couples in India, such as being unable to open a joint bank account or designate their partner as a nominee in their provident fund or pension. They believe that legal recognition of their marriage is the solution to these problems.

In conclusion, the Supreme Court’s verdict on gay marriage in India is eagerly awaited. If the court decides to approve gay marriage, it will be a significant step towards inclusivity and equal rights for the LGBTQ+ community in the country.




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