Same-sex marriage recognition hearing postponed due to indisposition of two Constitution bench judges

On April 20, 2021, the petitions regarding the recognition of same-sex marriage were heard but left inconclusive. The matter was then listed for hearing by the Constitution bench on April 24 (today) which was postponed due to the indisposition of two judges. In the previous week, the recognition of same-sex marriage case was heard consecutively for three days. The five-judge bench of the Supreme Court including Chief Justice of India DY Chandrachud, Justice S Ravindra Bhat, Justice Hima Kohli, Justice PS Narasimha, and Justice Sanjay Kishan Kaul was hearing the case. During the hearing, various arguments were made on the provisions of the Special Marriage Act of 1954. Also, Senior Advocate appearing for petitioners, Mukul Rohatgi, argued that the LGBTQ community should also have the right to life of dignity. He further added to read marriage between ‘spouses’ instead of ‘man and woman’ under the Special Marriage Act. Moreover, Tushar Mehta (Solicitor General), appearing for the government illustrated that “the court needs first to address whether the judiciary is the right forum to create new socio-legal relationships instead of Parliament.”

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