Wednesday, April 26, 2023

Same-Sex Marriage Hearing Live Updates: SG Tushar Mehta says religions have always recognised only heterosexual marriages

 

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SC Same-Sex Marriage Hearing Live: Chief Justice of India DY Chandrachud had said earlier that the Centre's submission, stating the petitioners have given an "urban, elitist" view, has no data to support it. (Express Photo by Amit Mehra, left, and Express Photo of a pride parade in Chandigarh in 2023, right, by Kamleshwar Singh)

India Same-Sex Marriage, Supreme Court Hearing Today Live: Solicitor General Tushar Mehta begins his submission for the Centre and says religions have always recognised only heterosexual marriages. He adds, “My respectful submission is that the only constitutional option before the Court is to leave it to the Parliament.”

Mehta also mentions that right to marry does not include the right to compel Parliament to change the definition of marriage.

Previously, Chief Justice of India (CJI) D Y Chandrachud observed that the elitism argument of the Centre is “just prejudice and has no bearing on how the Court will decide the case.”

The government last week had stated in its application that what has been presented to the court on the subject by the petitioners is “a mere urban elitist view” and “the competent legislature will have to take into account broader views” of various sections.

Live Blog
Supreme Court is hearing petitions to legalise same sex marriage; scroll down for updates from the hearing.
Why is the same-sex marriage case in the Supreme Court?

A five-judge Constitution Bench headed by Chief Justice of India (CJI) D Y Chandrachud and also comprising Justices Sanjay Kishan Kaul, Ravindra Bhat, Hima Kohli, and P S Narasimha, is hearing a batch of petitions seeking legal recognition for same-sex marriage.

The court had referred the pleas to a Constitution Bench on March 13, saying questions of “seminal importance” were involved. A three-judge Bench headed by the CJI had said the submissions related to an interplay of constitutional rights and specific legislative enactments including the Special Marriage Act on the one hand, and the rights of transgender couples on the other. Read our explainer on the specific issues raised by the petitioners.
And what has the Court said so far?

The Supreme Court said in the first three days of the hearing that it would not be looking into issues of personal laws, which govern matters such as marriage and divorce for different communities and religious groups, and will restrict itself to the Special Marriage Act of 1954. This Act governs a civil marriage where the state sanctions the marriage rather than the religion. Here's an explanation.

While Solicitor General Tushar Mehta argued that deciding on same-sex marriage in India comes under the Parliament's domain, the government is yet to present its arguments to the Court. So far, petitioners have discussed a range of topics, including the need for marriage as something that bring with it "a bouquet of rights" related to joint bank accounts, transfer of pensions, etc.

For a detailed recap, do read our highlights blog from the first three days of the hearings.
 

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Same-Sex Marriage Hearing Live Updates: SG Tushar Mehta says religions have always recognised only heterosexual marriages

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