Gay Couple Knocks Apex Court Seeks Government Response on Including Same-Sex Marriage Under Special Marriage Act 1954.
(Judicial Quest News Network)
A gay couple moved a PIL before Apex Court seeking recognition of all LGTBQ+ community, the fundamental right to marry any person of their choice, irrespective of gender identity and sexual orientation.
The petition was listed before a bench headed by Chief Justice of India (CJI), DY Chandrachud and also comprising Justice Hima Kohli.
The lead petition by Supriyo Chakraborty and Ajay Dang, two gay men living in Hyderabad, mentions that the right of marry a person of one’s choice should extend to LGBTQ+ citizens as well.
They prayed that special Marriage Act, that was meant to be secular legislation for institution marriage, be made gender-neutral by reading down any gender or sexually based restrictions.
The petition points that the section 4 of the Act, though permits any two persons to solemnize a marriage, the subsequent conditions therein restrict its application to males and females.
Senior Advocates Mukul Rohatgi, Neeraj Kishan Kaul, Meenakaka Guruswamy and Advocate Arundhati Katju argued that this was a sequel to the 2018 Constitution Bench judgement in the Navtej Johar case in which homo-sexuality was de-criminalised “A plethora of living issues arise out of this case. your lordships had also upheld privacy as a constitutional right in the Puttoswammy case, Mr. Rohatgi submitted.
It is further submitted that “the use of the section 4 (c) of the words “male” and “female” as well as the use of gendered language such as the terms ‘husband/wife and ‘bride/bridegroom’ in other sections of the Act, limit the access to marriage to a couple comprising one ‘male’ and one ‘female’. Such limiting of access, is violative of the fundamental rights of LGBTQ+ individuals and is unconstitutional.” The plea states.
The plea further avers that the right to many a person of one’s choice is a fundamental right guaranteed under the Constitution of India to each “person”. However, the legal framework governing the institution of marriage in this country does not presently allow members of the LGBTQ+ community to many the person of their choice.
The petition has been drafted by lawyers Arundhati katju, Priya puri and Shristi Borthakur.
The second petition have been filed by gay couple parht Phiroze Mehrotra and Uday Raj contending that non-recognition of same-sex marriages is violative of right to quality under Article 14 and right to life under Article 21 of the Constitution.
The Supreme Court issued notice to the Centre and Attorney General R Venkatramani stating that issue notice returnable in four weeks
