SC clubs, transfers to itself all pleas pending before different HCs on same-sex marriage

The Supreme Court on Friday clubbed and transferred to itself all petitions in connection with grant of legal recognition to same-sex marriages pending before various high courts.

A bench of Chief Justice D Y Chandrachud and Justices P S Narasimha and J B Pardiwala asked the Centre to file its reply on all the petitions in connection with same-sex marriages before February 15.

The court fixed the matter for hearing in March.

Solicitor General Tushar Mehta, appearing for the Centre, submitted the court can let Delhi High Court to decide the matter or transfer to itself all petitions.

Also Read: Same-sex marriage: Court must lead way

The petitioners’ counsel, however, submitted that they wanted the top court to transfer all the cases to itself for an authoritative pronouncement on the issue.

The bench asked the lawyers, representing the petitioners and the central government, to file a note on the issue, laws, and precedents, if any.

On December 14, 2022, the apex 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, asked the court 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 and upheld in various judgements of the Supreme Court including Navtej Singh Johar and NALSA cases.

The petitioners -- Indian national and a United States of America (USA) citizen -- got married and registered their marriage in the USA in 2014 and now seek to register their marriage under the Foreign Marriage Act, 1969.

On November 25, 2022, the top 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.