SC Notice to Centre on PILs Seeking Recognition of Same-Sex Marriage

This is the first time a plea seeking recognition of same-sex marriage has come before CJI Chandrachud.

(Photo: The Quint)

The Supreme Court on Friday, 25 November, issued notice to the Centre and Attorney General R Venkataramani on two pleas by same-sex couples seeking recognition under the special marriage law. The Centre has been given four weeks to respond.

Why this matters: This is the first time a plea seeking recognition of same-sex marriage has come before the Supreme Court, and the current Chief Justice of India DY Chandrachud.

What was said: Senior Advocate Mukul Rohatgi, appearing for one of the petitioners said, "This is a living issue, not a property issue. Impact is on health, succession. We are only here talking about the Special Marriage Act," reported LiveLaw.

People behind the pleas: Hyderabad-based Supriyo Chakraborty and Abhay Dang, who have been together for 10 years, have filed the first PIL. They had a commitment ceremony in December 2021, where their relationship was blessed by their parents and family – and are now seeking legal recognition.

The second PIL has been filed by Parth Phiroze Mehrotra and Uday Raj Anand who have been together for 17 years, and are raising two children together. However, due to the non-recognition, they are unable to have a legal relationship with their children.

The backdrop: At least nine petitions are currently being heard by the Delhi High Court and the Kerala High Court seeking recognition of same-sex marriage under the Special Marriage Act, Foreign Marriage Act, and Hindu Marriage Act.

Earlier in November, the Centre told the Kerala High Court that they are taking steps to get all the writ petitions transferred to the Supreme Court.

(With inputs from LiveLaw)