'No such thing as absolute concept of biological man, woman': SC on same-sex marriages
Chief Justice of India, CJI Chandrachud said, "You are making the assumption that the notion of male and female is absolute. There is no absolution concept of biological man and woman. It is not just what your genitals are. It is far more complex."
FollowA five-judge Constitution Bench on Tuesday (April 18) heard a batch of petitions seeking legal recognition for same-sex marriage. Senior Advocate Mukul Rohatgi, appearing for the petitioners, argued that the LGBTQ community should have the right to a life of dignity and to the institution of marriage and family which is available to heterosexual persons.
The petitioners are seeking the provisions of the Special Marriage Act, 1954, to read marriage as between "spouse" instead of "man and woman". Meanwhile, Solicitor General Tushar Mehta, appearing for the government, stated that the court needs to first address whether the judiciary is the right forum to create new socio-legal relationships instead of Parliament.
Chief Justice of India, CJI Chandrachud said, "You are making the assumption that the notion of male and female is absolute. There is no absolution concept of biological man and woman. It is not just what your genitals are. It is far more complex."
"We have engaged extensively with the Parliamentary Committees. Don't underestimate the impact that your arguments are having on us. We want to find a middle ground," the CJI said.
Earlier, describing the petitions seeking legal validation of same-sex marriage as one which reflect an "urban elitist" view for the purpose of social acceptance, the Centre told the apex court that recognition of marriage is essentially a legislative function which the courts should refrain from deciding on.
Haryana: Four dead after 3-storey rice mill collapses in Karnal, several feared trapped
Questioning the maintainability of the petitions, the Centre has said legal validation for same-sex marriages will cause complete havoc with the delicate balance of personal laws and accepted societal values.
The hearing and the consequential outcome will have significant ramifications for the country where common people and political parties hold divergent views on the subject.Â
The apex court on November 25 last year had sought the Centre's response to separate pleas moved by two gay couples seeking enforcement of their right to marry and a direction to the authorities concerned to register their marriages under the Special Marriage Act.
NIA to take over Kerala train arson case; Report
