The Supreme Court on Tuesday resumed hearing in the 19 petitions seeking legal recognition for same-sex marriages in India on the grounds that the right to marry a person of one’s choice should be extended to the members of LGBTQIA+ community also.
The Constitution Bench of Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul, Justice S. Ravindra Bhat, Justice P.S. Narasimha and Justice Hima Kohli had started hearing the petitions on April 18.
While the CJI, Justice Narasimha and Justice Kohli sat for hearing in physical mode, Justice Kaul and Justice Bhatt joined the Constitution Bench through video-conferencing.
Appearing for one of the petitioners, Advocate Geeta Luthra said this was the only petitioner couple in the case, who have been legally married for six years. Their marriage was registered in Texas, US. They also have a daughter, said the lawyer, adding that this was an important secular work.
Luthra said that today, 34 countries have accepted the same-sex marriages. This was not the case in India, she noted, calling it a discrimination on the basis of gender.
Calling marriage a revolutionary concept, the Advocate said marriage has never been a static concept, but has always remained a concept that changed with the times.
The petitioner couple highlighted the discrepancy of their life by saying that when they were outside the country, they were a couple, however, as soon as they came to India, their marriage became invalid.
They claimed that no one could circumvent their rights. They said just because they were living abroad, it did not mean their rights as an Indian citizen could be denied. The couple claimed that once they came to this country, they became strangers because their fundamental rights were not enforced.
They sought legal recognition to same-sex marriages on the grounds that it would help them in getting their rights in this country.
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