Same-sex marriage: Panel will be formed to address concerns of LGBTQIA+ community, Centre tells SC

A panel will be formed to address the concerns of the LGBTQIA+ community members, the Centre told the Supreme Court on Wednesday during the hearing of a batch of pleas seeking legal recognition for same-sex marriages in India, reported Live Law.

A Constitution bench comprising Chief Justice DY Chandrachud, Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and PS Narasimha is hearing the pleas that have challenged the constitutionality of laws that only recognise marriages between a man and a woman.

The petition has also contended that marriage law provisions in the country are discriminatory against the LGBTQIA+ community and infringe on their fundamental right to dignity and privacy.

The Narendra Modi government has opposed the petitions arguing that same-sex marriages are not compatible with the Indian idea of family and that the demands for their legal recognition represent “urban elitist views for the purpose of social acceptance”. It has also contended that making laws around marriage is the prerogative of the legislature and, therefore, the judiciary need not intervene.

At Wednesday’s hearing, Solicitor General Tushar Mehta, representing the Centre, said that the committee will be headed by a cabinet secretary. It will examine whether certain legal rights can be granted to same-sex couples without legalising their union.

At the last hearing on April 27, the...

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