SC to hear on January 6 pleas seeking recognition of same-sex marriage

The counsel contended that petitions for same-sex marriage were listed on January 6 and requested for listing of transfer petitions on the same date. Credit: PTI File Photo

The Supreme Court on Tuesday agreed to list two petitions on January 6, seeking to transfer pending pleas in the Delhi High Court and the Kerala High Court in connection with recognition of same-sex marriage.

Senior advocate Menaka Guruswamy and advocate Karuna Nundy mentioned the transfer petitions before a bench headed by Chief Justice D.Y. Chandrachud.

The counsel contended that petitions for same-sex marriage were listed on January 6 and requested for listing of transfer petitions on the same date. The bench, also comprising Justice P.S. Narasimha, said the court would list the transfer petitions along with the main matter on January 6.

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On December 14, last year, the Supreme Court had issued notice on a petition filed by a same-sex couple seeking legal recognition of their marriage in India.

The plea, filed through advocate Nupur Kumar, said: "The present petition has been filed praying that this court may be pleased to issue a declaration to the effect that the persons belonging to the LGBTQIA+ Community have the same right to marriage as their heterosexual counterparts and a denial therefore is violative of the rights guaranteed under Articles 14, 19, and 21 of Part III of the Constitution of India, and upheld in various judgements of the Supreme Court, including Navtej Singh Johar v. Union of India...and NALSA v. Union of India..."

The petitioners in this case, an Indian national and a US citizen, got married and registered their marriage in the US in 2014 and now seek to register their marriage under the Foreign Marriage Act, 1969.

Senior advocate Anand Grover, representing the petitioners, requested for live streaming of the matter, saying there are many people who are interested in the matter. The top court said it will consider it when the matter is listed for hearing.

On November 25, last year, the Supreme Court had issued notice to the Centre and the Attorney General on two petitions filed by gay couples seeking recognition of same-sex marriage under the Special Marriage Act.

Senior advocate Neeraj Kishan Kaul, appearing for lead petitioners Supriyo Chakraborty and Abhay Dang, submitted before a bench headed by Chief Justice D.Y. Chandrachud that this is a plea for same-sex marriage under Special Marriage Act.