India

According to the Supreme Court, the Centre must respond to requests regarding the recognition of same-sex marriages under the SMA

On Friday, the Supreme Court requested the Centre to respond to petitions seeking the registration of same-sex marriages under the Special Marriage Act, 1954. In four weeks, the top court will hear the matter after issuing notices to the Government and the Attorney General of India.

A two-judge bench, consisting of Chief Justice of India DY Chandrachud and Justice Hima Kohli, heard the matter.

“Issue a notice that must be returned within four weeks. It is permissible to serve the central agency. “Notice should also be sent to the Attorney General for India,” the bench ruled.

An appeal was filed by Supriyo Chakraborty and Abhay Dang, who claimed that the non-recognition of same-sex marriages constituted discrimination.

According to the news agency PTI, the second plea was filed by gay couple Parth Phiroze Mehrotra and Uday Raj.

Specifically, the petitioners sought a ruling extending the right to marry a partner of one’s choosing to people belonging to the LGBTQ (lesbian, gay, bisexual, transgender, and queer) community.

According to the petition, non-recognition of same-sex marriages constitutes a violation of the Constitution’s articles 14 and 21 relating to equality and life.

In September 2018, a five-judge Supreme Court Constitutional bench decriminalised homosexuality by reading Section 377 of the Indian Penal Code, a law dating back to colonial times. The then Chief Justice of India, Dipak Misra, who headed the constitutional bench, stated that LGBT individuals have the same rights as other citizens. Humanity is based on respecting each other’s rights and those of others. I believe criminalising gay sex is an irrational and indefensible measure.”

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