Same-sex marriage: SC to hear pleas seeking legal recognition of gay marriage | Key points

Starting from Tuesday, a five-judge constitutional bench of the Supreme Court led by Chief Justice of India DY Chandrachud is set to hear a bunch of pleas that aim to legalise same-sex marriage in India. Notably, the outcome of the hearing has the potential to impact the entire country, as it concerns a topic on which there are differing opinions among both the general public and political parties. Here are some key points regarding the same-sex plea in SC.

Same-sex plea in Supreme Court: Key points

• The Chandrachud-led bench which also includes justices SK Kaul, S Ravindra Bhat, PS Narasimha and Hima Kohli will hear the petitions which were referred to a larger bench for an authoritative pronouncement on March 13 by the CJI-led bench, saying it is “very seminal issue”.
• On January 6, the apex court had clubbed and transferred to itself all such petitions pending before different high courts, including the Delhi High Court.
• The Centre has opposed the legal validation of same-sex marriages in response to these petitions filed in the apex court. According to the government, legalising same-sex marriages may upset the delicate balance of personal laws and accepted societal values, causing “complete havoc” in the country.
• On Monday, the Centre filed a fresh application before the SC, stating that the same-sex marriage petitions do not represent the view of the entire population of the nation and that it merely reflects "urban elitist views". It also stated that human relations like that of a 'marriage' is essentially a legislative function and the courts cannot either create or recognise any institution called “marriage” either by way of a judicial interpretation or striking down / reading down the existing legislative framework for the marriages.
• The National Commission for Protection of Child Rights (NCPCR) also filed an application before the top court on Monday, stating that allowing the adoption to a same-sex couple is akin to "endangering" the children. "When it comes to the adoption by a couple of same-sex there are relevant studies to show that the child is affected in both social and psychological aspects," the Child Rights body said in its petition.
• Jamiat Ulama-i Hind has also opposed the petitions saying they are an attack on the family system and in complete contravention of all personal laws in India.
• It is pertinent to mention that on 26 September 2018, the top court, in its path-breaking verdict held that consensual sex between homosexuals is not a crime while striking a part of the British-era penal law that criminalised it on the ground that it violated the constitutional right to equality and dignity. Interestingly, CJI Chandrachud was part of that bench too.
• According to Paw Research, over 30 countries including Costa Rica, Northern Ireland, Austria, Australia, the United States, Ireland, Finland, England,  France, New Zealand, Denmark, South Africa, Spain and Canada have allowed same-sex marriage.