October 17th 2023.
The Supreme Court is set to deliver a much anticipated judgement on Tuesday regarding the legal validation for same-sex marriage. A five-judge constitutional bench headed by Chief Justice D Y Chandrachud had concluded a marathon hearing of 10 days on May 11 and had reserved their judgement. Sources have said that the judgement will be posted on the Supreme Court website.
During the arguments, the Centre had told the court that it may not be the correct course of action to pass such a judgement, as the court may not be able to foresee the implications. The Centre had also asked seven states on the issue, and three, namely Rajasthan, Andhra Pradesh and Assam had opposed the plea for legal endorsement.
The apex court, which had started hearing arguments on April 18, had made it clear that it will not go into personal laws governing the matter. The court had also made an observation that it was not possible to give a declaration based on the anticipation of how Parliament will react.
Some of the petitioners had urged the Supreme Court to use its plenary power and moral authority to push for the society to acknowledge same-sex unions. This would allow LGBTQIA++ persons to lead a dignified life like heterosexuals.
The Centre had also proposed to the court that it will form a committee headed by the cabinet secretary to look into the administrative steps that could be taken for the benefit of same-sex couples, without going into the legality of the matter.
Recently, the Bombay High Court had ordered the police to provide protection to a same-sex couple, in what is seen as a positive step for the LGBTQIA++ community. This order was given after the police refused to register a complaint filed by the couple. The judgement will be closely watched by the community, as it may pave the way for more positive steps in the future.
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