New Delhi: The Supreme Court is currently hearing arguments on a batch of petitions seeking legal recognition of same-sex marriages, an issue with far-reaching societal implications and sharply divided opinion. A five-judge Constitution bench consisting of Chief Justice D Y Chandrachud and Justices S K Kaul, S R Bhat, Hima Kohli, and P S Narasimha is hearing the case. On March 13, the Supreme Court referred the petitions to a five-judge Constitution bench for adjudication, calling it a “very seminal issue.”
SC Hearing On Same-Sex Marriage Live Updates:
Justice Kaul: It does not look good that the government says it will see if they will participate in the hearing or not; this is a critical issue.
CJI: Aside from the adjournment, we will consider any request.
SG Mehta: None of us know what a farmer in south India or a businessman in north India thinks.
Justice Kaul: Are you saying that the government will not attend the hearing?
SG Mehta: If that is the case, let us take some time to determine whether the government should participate in this hearing.
CJI: I am in command. I’ll make the decision… we’ll start with the petitioners. Nobody will be able to tell me how the proceedings in this court will go.
Let them (petitioners) respond to our preliminary submissions, says SG Mehta.
CJI: Let us first hear the facts of the case.
SG Mehta: My submissions are only to determine which forum should be the sole constitutional forum capable of adjudicating this issue. We will not address the merits of the case while raising this preliminary issue.
“Personal laws, adoptions, inheritance, and maintenance are all issues,” says Senior Advocate Kapil Sibal.
Justice SK Kaul: Not that we aren’t aware. You are correct… but let us look at the canvas to see what is and is not opening up.
CJI DY Chandrachud: The tenability of your submission will be determined by the petitioners’ submissions. We must examine the merits of the arguments. It will not be forgotten, and we will hear you at a later stage. We need a picture in the first 15 to 20 minutes. Let us first hear from the petitioners. We cannot anticipate petitioners’ submissions.
Senior advocate Kapil Sibal says states should be heard in the case.
Solicitor General Tushar Mehta informs the Supreme Court that the Centre has filed a petition raising a preliminary objection to the plea’s maintainability.
He says the debate which is to happen is about the creation or conferring of the socio-legal institution and whether it should be done by the forum of the court or parliament.
CJI DY Chandrachud says we will hear the Centre’s submission on that at a subsequent stage.
