On Wednesday, a hearing was also held in the Supreme Court on the petition giving legal recognition to same-sex marriages. Meanwhile, a new affidavit has been filed by the Center in the Supreme Court.
The Central Government has urged the Supreme Court to make States and Union Territories parties to the hearing on petitions seeking legal recognition of same-sex marriages.
The Center told the court that it sent letters to the states on April 18 seeking their comments on the fundamental issue raised in the petitions seeking recognition of same-sex marriages. The Center said that this issue comes within the legislative area of the states, so it should be heard first. The matter is being heard by a bench of CJI DY Chandrachud, Justices SK Kaul, SR Bhat, Hima Kohli and PR Narasimha.
The Supreme Court on Tuesday made it clear that it will not consider ‘personal law’ relating to marriages while deciding pleas to legalize same-sex marriages and said the concept of one man and one woman, as enshrined in the Special Marriage Act Referred to, he is “not perfect based on gender. The day’s proceedings on the sensitive issue began with the Center strongly pleading that its “preliminary objection” be heard and first decided that the court cannot entertain the question, which is essentially in the “jurisdiction of Parliament”.
Angered by this argument, Chief Justice D.Y., A five-judge constitution bench headed by Chandrachud, said, “We are in charge”, and the nature and maintainability of the preliminary objection will depend on what is presented by the petitioners. “Trust us to take a comprehensive view,” the CJI told the government’s law officer. Mehta said that there is no question of trust deficit. When the bench said it intended to understand what the petitioners’ side wanted to argue, Mehta sought time to consider to what extent the government would like to participate.
