The Supreme Court on Friday issued a notice to the Centre seeking its response on pleas seeking recognition of same-sex marriage under the Special Marriage Act, 1954, Bar and Bench reported.
A bench comprising Chief Justice DY Chandrachud and Justice Hima Kohli passed the direction while hearing two petitions filed by gay couples. The bench also issued a separate notice to Attorney General R Venkataramani and listed the matter for hearing after four weeks.
Advocate Mukul Rohatgi, while appearing on behalf of one of the petitioners, told the court that the case is a “sequel” to the judgements in the case of Navtej Singh Johar and Justice KS Puttaswamy.
“This is a living issue, not a property issue,” Rohatgi told the bench, according to Live Law. “Impact is on health, succession. We are only here talking about the Special Marriage Act.”
In the Navtej Singh Johar vs Union of India matter, the Supreme Court had decriminalised same-sex relationships. In the case of Justice KS Puttaswamy vs Union of India, the Supreme Court had declared that the Right to Privacy is a fundamental right of all Indians.
Notably, the Delhi High Court is hearing at least eight petitions on the legalisation of same-sex marriages under various Acts and the fundamental rights enshrined in the Constitution. The petitions seek recognition of same-sex marriage under various laws such as the Hindu Marriage Act, the Special Marriages Act and the Foreign Marriage Act.
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