Centre asks SC to leave it to Parliament on same-sex marriages

The Centre today asked the Supreme Court to take into account referring any issues highlighted in the arguments for legal recognition of same-sex marriages to Parliament.

Speaking on behalf of the government, Solicitor General Tushar Mehta told the five-judge Constitutional Court bench presided over by Chief Justice DY Chandrachud that the apex court is dealing with a “very complex subject” with “profound social impact.”

On the fifth day of the hearing, Mr Mehta stated, “The real question is who would take a decision on what constitutes marriage and between whom.”

He informed the court, which was made up of Justices SK Kaul, SR Bhat, Hima Kohli, and PS Narasimha, that the decision would have an impact on a number of other statutes and would require discussion in society and in numerous state legislatures.

Hearing in the matter is currently underway. More details are awaited.

The Constitution Bench started hearing arguments on 18 April.

Centre has opposed the petition seeking marriage equality. The Supreme Court is addressing several petitions that ask for the legal recognition of same-sex marriages. One of the early petitions brought out the lack of a legal framework that allowed members of the LGBTQ+ community to marry whoever they chose.