On Tuesday, the Supreme Court is set to deliver its verdict on whether same-sex marriage should be legally acknowledged in India. A constitution bench led by Chief Justice DY Chandrachud, alongside justices S K Kaul, S R Bhat, Hima Kohli, and P S Narasimha, had reserved the decision after a 10-day hearing on May 11.
During the proceedings, the petitioners, represented by senior advocates including Mukul Rohatgi, Abhishek Manu Singhvi, Raju Ramachandran, Anand Grover, Geeta Luthra, KV Viswanathan, Saurabh Kirpal, and Menaka Guruswamy, emphasized the LGBTQIA+ community’s right to equality and the need for the State to recognize their unions.
They argued for legal recognition of same-sex marriages under the Special Marriage Act (SMA) to uphold the dignity of their unions, while also ensuring access to social security and other welfare benefits for the community.
The government, however, opposed the plea for legal recognition, contending that Indian legislative policy intentionally recognizes unions only between biological men and women, and that Parliament alone should make a decision on this matter. While agreeing to establish an inter-ministerial committee, chaired by the cabinet secretary, to explore “administrative steps” for providing certain benefits to same-sex couples, even without legal marriage recognition, the government urged the constitution bench to refrain from making any declarations regarding rights for same-sex couples or the recognition of their relationships.
