Even though Section 377 was scrapped in India and homosexuality was decriminalized by the Supreme Court back in 2018, same-sex couples still don’t have the legal right to get married.
To challenge this, several petitions were filed in the Supreme Court seeking legal recognition for same-sex marriages.
Today is the second day that the constitution bench of the top court will continue to hear batches of petitions for the same. And while that’s happening, the Central government submitted a fresh application stating that these petitions reflect “urban elitist views for the purpose of social acceptance.”
Solicitor General Tushar Mehta, appearing for the Centre, also asked the Supreme Court to make all States and Union Territories a part of the proceedings, reported Business Today.
However, the five-judge Constitution bench comprising Chief Justice D Y Chandrachud and Justices S K Kaul, S R Bhat, Hima Kohli, and P S Narasimha said that “Same-sex relationships widely accepted after scrapping article 377. Not just in urban, but all areas.”
"Same-sex relationships widely accepted after scrapping 377… Not just in urban, but all areas": Supreme Court on Centre's 'urban elitist' argument@harishvnair1 reports | #LGBTQIA #SameSexMarriage #SupremeCourt pic.twitter.com/82auzN7BSX
— Mirror Now (@MirrorNow) April 18, 2023
While hearing the pleas, the Chief Justice of India DY Chandrachud remarked that there is no absolute concept of a man or an absolute concept of a woman at all, reported The Financial Express.
“It’s not the question of what your genitals are. It’s far more complex.”
This is when SG Mehta submitted that the legislative intent of the Special Marriage Act has been a “relationship between a biological male and a biological female.”
To this, the SC responded that “Even when the Special Marriage Act says man and woman, the very notion of a man and a woman is not an absolute based on genitals.”
[Marriage Equality Petitions in #SupremeCourt – Day 2]
A constitution bench of #SupremeCourt will continue hearing batch of petitions seeking legal recognition for same-sex marriage in India.
Follow this thread for live updates.#LGTBQIA #SupremeCourtofIndia #SameSexMarriage pic.twitter.com/hcgTNYu66k
— Live Law (@LiveLawIndia) April 19, 2023
The entire country is waiting with bated breath for the Supreme Court’s verdict on the legalization of same-sex marriages. Among them are many celebs who are in support of this notion.
NO. Same sex marriage is not an ‘urban elitist’ concept. It’s a human need. Maybe some sarkari elites drafted it who have never travelled in small towns & villages. Or Mumbai locals.
First, same sex marriage is not a concept. It’s a need. It’s a right.
And in a progressive,… https://t.co/M4S3o5InXI— Vivek Ranjan Agnihotri (@vivekagnihotri) April 18, 2023
I stand with the Indian #LGBTQ in their battle for right to life to dignity, to the institution of marriage & family which is available to others Today a 5 judge Constitution Bench hears pleas seeking legal recognition for same-sex marriage@free_equal : https://t.co/3g2zcfkOEQ pic.twitter.com/GY4W8dYMvG
— Celina Jaitly (@CelinaJaitly) April 18, 2023
Hoping our honourable SC legalises #samesexmarriage today 🤞🏽🙌🏽
🌈— Sumona Chakravarti (@sumona24) April 18, 2023
Hoping our honourable SC legalises #samesexmarriage today 🤞❤️
— Vir Das (@thevirdas) April 18, 2023
I thought matches were made in heaven. No one said anything about government and court. #samesexmarriage #Equality #equalrights
— Neeti Palta (@neetipalta) April 19, 2023
#SameSexMarriage ko actively social media par oppose karne waale log socho kitne manhoos honge irl. khud ki life ki problems ignore karke absolute strangers ki human rights par object karna is some escapism
— Sucharita Tyagi (@Su4ita) April 18, 2023
Come on Supreme Court! Pave the path. Legalise same-sex marriages.#AbKiBaarPyaar pic.twitter.com/Xk4ADBH3UF
— Hansal Mehta (@mehtahansal) April 18, 2023
Good morning beautiful People on the Second day of the SC hearing on #SameSexMarriage . Remember that We were born where the heteronormative world has erased us from our History, since ,art , culture, made us invisible.
We forgive you &accept your heterosexuality . Why is it so pic.twitter.com/Unkxt4MhU7— iamOnir (@IamOnir) April 19, 2023
The right to marry a consenting adult is a FUNDAMENTAL RIGHT under Article 21, the umbrella of all FUNDAMENTAL Rights & society cannot take away this right. May the Hon'ble SC uphold the right & liberty of our LGBTQ community under the spl marriage act !#SameSexMarriage.
— Tehseen Poonawalla Official 🇮🇳 (@tehseenp) April 18, 2023
Agar aapko #SameSexMarriage se diqqat hai toh aap shaadi meiN free ke gulaab-jaamun khaane mat jaana.
Kitna simple hai!
— वरुण 🇮🇳 (@varungrover) April 18, 2023
This will be another milestone verdict in the history of India. What are your opinions on it and why? Let us know.