On Tuesday, the Supreme Court of India will hear the Centre’s plea that challenges the maintainability of petitions seeking legal validation of same-sex marriage. Solicitor General Tushar Mehta made the plea, which led to Chief Justice D Y Chandrachud taking note of the submission and scheduling a preliminary hearing.
The Centre has argued that the petitions seeking legal validation of same-sex marriage reflect an ‘urban elitist’ view, and that recognition of marriage is essentially a legislative function that should not be decided by the courts. The Centre also questions the maintainability of the petitions, saying that legal validation for same-sex marriages would disrupt the delicate balance of personal laws and societal values.
From Tuesday, a five-judge constitution bench, led by Chief Justice D Y Chandrachud and including justices S K Kaul, S Ravindra Bhat, P S Narasimha, and Hima Kohli, will hear a batch of petitions seeking legal validation of same-sex marriages in India. The CJI-led bench referred the case to a larger bench for an authoritative pronouncement on March 13, calling it a seminal issue.
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