SC trashes Centre's submission over legalisation of same-sex marriage
New Delhi, April 19: Supreme Court on Wednesday dismissed the Centre's argument that petitions seeking legal recognition of same-sex marriage just reflect urban elitist views.
The court also rejected another submission about same-sex couples' adoption rights, which claimed that it would have a psychological impact on the adopted children.
The government has no data to prove that this is an urban elitist concept or something, the five-judge Constitution bench led by Chief Justice of India DY Chandrachud said while hearing petitions seeking legal recognition of same-sex marriage.
In a fresh application filed on Sunday to raise preliminary objections to the petitions, the Centre stated that petitions seeking legal recognition of same-sex marriage just represent urban elitist views. The court rejected the argument, stating that something innate cannot have a class bias.
The top court further stated that since one of the gay or lesbian couples can still adopt a child, the argument that this will create a psychological impact on the child is belied. However, CJI Chandrachud, observed when one of the gay or lesbian couples can still adopt a child but the child loses the benefits of parenthood of both parents.
The hours-long argument featured an exchange of varied submissions from all parties involved in the case.
When the hearing resumed in the morning, Solicitor General Tushar Mehta informed the Supreme Court that the Centre had filed a new affidavit requesting that the top court declare states and union territories parties to the case.
Centre informed the Supreme Court that the Union of India has addressed a letter to all states on April 18, 2023, requesting comments and views on the pivotal issue highlighted in the current batch of petitions.
The CJI observed it is excellent that the Centre has now informed the states that the matter is going on. The Court further added that so now it is not that the states are unaware.
Senior Advocate Mukul Rohatgi, standing for one of the petitioners, argued that the Supreme Court had already granted LGBTQIA community members rights and that he was not spinning the wheel.
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