A strong message to the Supreme Court, same-sex marriage is not for the court

• April 18, 2023

The hearing of the case related to recognition of same-sex marriage is going to start again in the Supreme Court from Tuesday. A five-member constitution bench headed by Chief Justice DY Chandrachud is hearing the case.

A few hours before the start of the hearing, Solicitor General Tushar Mehta filed an additional affidavit on behalf of the central government, claiming that the case cannot be tried by the Supreme Court. Because it is a matter for the government and parliament whether same-sex couples will be given legal recognition for marriage. The court has nothing to do in this matter. Earlier, the central government had said that such marriages are against the cultural and social norms of India. Much of what is real in Europe is unacceptable in the Indian subcontinent. What the society does not accept, cannot be imposed in the name of rights. The hearing is scheduled to start from Tuesday on that statement of the Centre.

But suddenly the Modi government questioned the apex court's action on the case, adding a new dimension to it. It is believed that the Modi government issued this stern warning in view of several past judgments of the members of the Constitution Bench and various observations in the current case. The government fears that the constitutional bench may grant the claim for legal recognition after judging the arguments of the litigants and the global situation on same-sex marriage. Any judgment of the Constitution Bench is already considered as law. If the government is ordered to make a law on it, there is no opportunity to ignore it. Earlier, the Supreme Court had canceled the section 377 of the Indian Penal Code five years ago. So consensual intercourse between two adult same-sex persons is no longer a crime in the country. That historic judgment gave the Constitution Bench of which the present Chief Justice Chandrachud was a member. Before that, Chandrachud was a member of the relevant bench of the Supreme Court in the case of personal privacy i.e. Right to Privacy.

As a judge, he is known as a person who has taken a strong stance in favor of individual freedom. The remaining four members of the bench have also taken a positive stance in establishing rights at various times. As a result, the government has made a decision on the possibility that they can grant the application in the case demanding the recognition of same-sex marriage. Even though the section 377 of the Indian Penal Code has been repealed, same-sex marriage has not yet been approved. It has appealed to the Supreme Court to direct the government to allow same-sex marriage.

An organization filed a petition in the Supreme Court saying that same-sex couples i.e. two women or two men do not face any problem in raising children. Now let's see what the outcome of the case is. From the country's same-sex couples to claims court activists are eagerly awaiting what the top court says.

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