A Constitution Bench comprising of Chief Justice of India DY Chandrachud, Justice Hima Kohli, Justice PS Narasimha, Justice Sanjay Kishan Kaul, and Justice S Ravindra Bhat are currently hearing a set of petitions related to marriage equality rights for the LGBTQIA+ community. During the hearing, Solicitor General Tushar Mehta spoke on behalf of the Centre and expressed positivity towards adopting administrative steps to address the issue. He stated that the issue has genuine human concerns, and a committee will be formed under the leadership of a cabinet secretary to coordinate the administrative steps needed. The petitioners were given an opportunity to provide suggestions on administrative steps that could be taken to address the issue.
However, senior advocate Abhishek Manu Singhvi argued that the matter is complex and requires legal interpretation. Justice Ravindra Bhat opined that beginnings are small, and Justice SK Kaul added that granting marriage rights will require changes in both the legislative and administrative domains, but the government is not against addressing the problems arising from gay companionship.
Meanwhile, senior advocate Menaka Guruswamy, who is representing the petitioners, appealed to the bench on behalf of young people in small towns who wish to be married, stating, “Please do not leave them.”
After hearing the arguments, CJI Chandrachud acknowledged that the Supreme Court, as a constitutional court, has an issue if they consider only what young people feel. He further added that while the court cannot go into what the country wants, it can facilitate the development of a social institution that is evolving. The court, as a facilitator, wants to ensure that the LGBTQIA+ community is not left with nothing in hand.
The hearing, which has been ongoing for seven days, focused on petitions that seek legal recognition of same-sex marriage in India.
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