Supreme Court to pronounce verdict on Tuesday on pleas seeking legal sanction for same sex marriage

New Delhi: The Supreme Court will pronounce on Tuesday its verdict on a clutch of pleas seeking legal sanction for same-sex marriage. A five-judge constitution bench led by Chief Justice of India D Y Chandrachud and comprising Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and P S Narasimha had on May 11, 2023 reserved the judgment after hearing the parties in the matter for 10 days.

A battery of senior advocates appeared for the petitioners: Mukul Rohatgi, Neeraj Kishan Kaul, AM Singhvi, Menaka Guruswamy, KV Viswanathan (now elevated as Supreme Court judge), Anand Grover, and Saurabh Kirpal. The counsel argued on behalf of over 20 petitioners in the case. The petitioners’ argued that the non-recognition of same-sex marriage violated the rights to equality, freedom of expression and dignity.

In May, the apex court held a marathon hearing to consider the issue of giving recognition to same-sex marriage and the legal and social questions arising out of the petitions. The Centre had opposed the plea, saying allowing the petitioners' contention would cause havoc in the realm of personal laws. The Centre also emphasized that the subject can be handled by the legislature only due to its massive repercussions.

The central government contended before the court that Rajasthan, Andhra Pradesh, and Assam have opposed the petitioners' contention seeking legal sanction for same sex marriages. The petitioners had argued that they wanted was a legal recognition for same-sex marriage and asked the court to reinterpret the provisions of the Special Marriage Act (SMA) 1954.

The petitioners contended that same-sex marriages can be accorded legal recognition under the SMA to grant dignity to their unions, and the apex court should also pass appropriate directions for the community’s access to social security and other welfare benefits.