Supreme Court hears same-sex marriage petitions for fifth day | Highlights

The Supreme Court on Wednesday completed its fifth day of the hearing on petitions seeking the legalization of same-sex marriage in the country. Justices DY Chandrachud, Vikram Nath and PS Narasimha presided over the hearing in person, while Justices S. Ravindra Bhat and Hima Kohli joined virtually.

During the hearing, the Supreme Court urged the petitioners to conclude their arguments by 12 pm. Following the petitioners' arguments, the Centre's submissions were heard.

Karuna Nundy, a senior advocate, presented the petitioners' argument, stating that there are 4.8 million transgender persons in India, as per the 2011 census. She requested the court to grant a declaration that would allow LGBTQIA persons to marry under the Special Marriage Act.

Advocate Arvind Datar, appearing for one of the petitioners, argued that the right to marriage is a fundamental right and denying the same to LGBTQIA persons violates the right to equality and dignity under the Constitution.

Meanwhile, advocate Menaka Guruswamy, also appearing for the petitioners, emphasized that several LGBTQIA couples already have children, and the denial of marriage rights only penalizes the children.

However, the government opened its arguments opposing the plea seeking same-sex marriages, stating that it is not making a value judgment but believes that the issue should be left to the Parliament.

Solicitor General Tushar Mehta counter-argued that the issue should first travel to the Parliament and state legislatures before the Supreme Court proceeds with the hearing. He stated that the issue being decided must be preceded by debates that take place in a forum where experts' assistance is available.

The court is dealing with a very complex subject having a profound social impact, Mehta said, questioning who will take a call on what constitutes marriage and between whom.

The Solicitor General also highlighted that there are 72 different shades of gender identities, and it is challenging for the Supreme Court to reconcile these multiple identities with existing laws.

The Solicitor General also argued that parliament must recognise the rights of choice, sexual autonomy, and privacy, as evidenced by its passing of the Transgender law. While the finest judges of the court may be deciding the issue, the Solicitor General said, it may not reflect the will of the people.

The Supreme Court concluded the fifth day of hearings on April 26, and the Centre will continue its submissions tomorrow.