SC On Same-Sex Marriage: ‘Gender Far More Complex Than One’s Genitals’

Pic Credit: Legal Desire

New Delhi: In a significant and interesting observation, Supreme Court said on Tuesday there was no “absolute concept of a man or an absolute concept of a woman” and that gender was “far more complex” than one’s genitals.

A Constitution bench, headed by Chief Justice of India DY Chandrachud, was responding to the Centre’s argument that laws, including Special Marriage Act, recognised only heterosexual marriages between a “biological man and a biological woman”.

The five-judge bench, which today began hearing arguments on a batch of petitions seeking legal validation of same-sex marriages, will reassemble on Wednesday.

The government, represented by Solicitor General (SG) Tushar Mehta, submitted to bench that maintainability should be decided first.

The top court it would first like to understand issues involved in the matter and asked the SG to let petitioners open their arguments.

When Mehta pointed out that at present the idea of marriage was limited to a union between a biological male and a biological female, Justice Chandrachud said that the notion of a man was not an absolute one and was far more intricate than just the physical characteristics of one’s genitalia.