Supreme Court wants Centre's view on legalising same-sex marriage; check details

The petitioners have submitted this application to demand for themselves and other members of the LGTBQ+ community the basic right to choose any individual of their choice, regardless of gender identity or sexual orientation.

In a recent development, a gay couple romHyderabad moved the Supreme Court seeking legal recognition of same-sex marriage under the Special Marriage Act, and to issue appropriate direction to authorities concerned to allow them to solemnise their marriage.

It is reportedly said that the petition raised the absence of a legal framework which allowed members of the LGBTQ+ community to marry any person of their choice.

The couple, reportedly sought to enforce the fundamental rights of LGBTQ+ individuals to marry any person of their choice and said that, "the exercise of which ought to be insulated from the disdain of legislative and popular majorities."

The petitioners further said that their fundamental right to marry each other and prayed for appropriate directions from the top court allowing and enabling them to do so.

In its Public Interest Litigation, the petitioners filed the plea under Article 32 of the Constitution of India. They also said that it was in the interest of the LGBTQ+ community.

The petitioners submitted that the right to many a person of one's choice is a fundamental right guaranteed under the Constitution of India to each "person" and has been recognised explicitly by this Court.

The legal framework, however, governing the institution of marriage in this country does not presently allow members of the LGBTQ+ community to marry the person of their choice.

The petitioners submit that this is violative of the fundamental rights guaranteed under Part III of the Constitution, including Articles 14, 15, 19(1)(a), and 21.

The petitioners have submitted this application to demand for themselves and other members of the LGTBQ+ community the basic right to choose any individual of their choice, regardless of gender identity or sexual orientation.

The petitioners stated that they have been in a relationship with each other for seventeen years and are currently raising two children together, but the fact that they cannot legally solemnise their marriage has resulted in a situation in which both petitioners cannot have a legal relationship between parents and children with both of their children.