The Supreme Court is set to issue its verdict on Tuesday regarding petitions seeking legal acknowledgment of same-sex marriages in India. Following an extensive 10-day-long hearing that concluded on May 11, a Constitution bench led by Chief Justice of India DY Chandrachud, along with Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and PS Narasimha, had reserved their judgment. The court’s ruling will determine whether the terms ‘man’ and ‘woman’ can be substituted with ‘person,’ and ‘husband’ and ‘wife’ can be replaced with ‘spouse’ in the Special Marriage Act (SMA).
During the proceedings, the bench emphasized that the notion of a ‘man’ and a ‘woman,’ as mentioned in the Special Marriage Act, is not solely based on physical attributes. Some of the petitioners had urged the apex court to use its moral authority and prestige to promote societal acknowledgment of such unions, ensuring LGBTQIA++ individuals lead dignified lives similar to heterosexuals. LGBTQIA++ represents lesbian, gay, bisexual, transgender, queer, questioning, intersex, pansexual, two-spirit, asexual, and ally persons. Notably, the court clarified that it would not delve into personal laws governing marriage but would focus on the registration of same-sex marriages under the Special Marriage Act, raising the prospect of certain rights being conferred upon same-sex couples without full legal recognition as marriages. The bench acknowledged the need to consider the potential response of Parliament to such unions, rather than making a unilateral declaration on same-sex relationships.
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