7 states gave opinions on same-sex marriage, and Rajasthan opposed

• May 11, 2023

There is a debate over whether same-sex marriage can be legally recognized or not. In the Supreme Court, the central government made it clear that same-sex marriage cannot be legally recognized. The Center has pointed out that such marriages are against the traditional family concept in India. On the other hand, Supreme Court Chief Justice DY Chandrachud explained during the hearing that the concept of a man and a woman is not completely based on genitalia alone. 7 states of the country gave opinions in that debate. The Center had earlier announced talks with states and Union Territories. The Supreme Court was informed by the Center on Wednesday that 7 states have already replied to the Centre's letter.

The hearing is being held by a five-judge constitution bench of the Supreme Court comprising Chief Justice DY Chandrachud, Justice SK Kaul, Justice Ravindra Bhat, Justice Hima Kohli, and Justice PS Narasimha. On Wednesday, Solicitor General Tushar Mehta told the Supreme Court that the letter was given by the Center on April 18. Only 7 states responded to the letter.

He also said that Manipur, Andhra Pradesh, Uttar Pradesh, Maharashtra, Assam, Sikkim and Rajasthan have replied to the letter. Of these, only Rajasthan has said it has looked into the matter and is opposing the matter. The Solicitor General claimed that all the other states have said that this issue requires a deep discussion, only then it is possible to give an opinion. The Center had earlier told the Supreme Court that no decision can be taken without consulting the states and Union Territories. Matters like marriage or divorce were also referred to by the central government as a matter of the states, according to the constitution.

On Tuesday, Chief Justice DY Chandrachud asked, "Is marriage limited to heterosexuals under the Constitution?" In this regard, Justice Rabindra Bhat said, "The moment you bring up the subject of tradition, it will be seen that the Constitution itself is a tradition breaker. Because the first time you brought up Articles 14, 15 and 17, they themselves broke tradition."

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