India

SC Refers Same-Sex Marriage Plea To 5-Judge Constitution Bench; Hearing From April 18

By
OB Bureau

New Delhi: The Supreme Court on Monday referred pleas seeking legal validation of same-sex marriages to five-judge constitution bench.

Stating that the issue involves an interplay between constitutional rights on the one hand and special legislative enactments, including the Special Marriage Act, on the other, a bench headed by Chief Justice D Y Chandrachud and Justices P S Narasimha and J B Pardiwala said: “We are of the considered view that it would be appropriate if the issues raised are resolved by a bench of five judges with due regard to Article 145 (3) of the Constitution. Thus, we direct the matter be placed before a five-judge Constitution bench.”

The hearing on the matter would commence from April 18 and the proceedings would be live-streamed as is the case with hearings before the constitution benches.

Meanwhile, the Centre has urged the Supreme Court not to cut short arguments of either side on issue of same-sex marriage as it verdict would affect society as a whole. It had earlier opposed legal validation of same-sex marriages, saying it would cause a complete havoc with the delicate balance of personal laws and in accepted societal values.

Defending the Central government’s opposition to same-sex marriage, Union Law Minister Kiren Rijiju said that it is a serious policy matter that needs discussion.

OB Bureau

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