Supreme Court constitutes special bench for hearing recognition of same-sex marriage petitions: Bench to hear pleas from April 18.

To hear the bunch of petitions that seek legal recognition for same-sex marriage, the Supreme Court of India constitutes a special bench. On March 13, 2023, a three-judge bench of the top Court consisting of Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice PS Narasimha referred the case to the Constitution bench. The members of the Constitution bench include CJI DY Chandrachud, Justice Ravindra Bhat, Justice Kishan Kaul, Justice PS Narasimha, and Justice Hima Kohli. The constituted Constitution bench will start hearing the petitions on recognition of same-sex marriage from April 18, 2023. 

The batch of petitions to be addressed by the Constitution bench challenge the provisions of the Foreign Marriage Act, Special Marriage Act, and Hindu Marriage Act as they do not recognize same-sex marriages. While arguing regarding the state interest in recognizing only heterosexual marriages, the centre said “Statutory recognition of marriage limited to marriage/union/relation as being heterosexual in nature, is the norm throughout history and are foundational to both the existence and continuance of the State.” Along with this, the Centre also argued that due to the non-recognition of same-sex marriage, no fundamental rights were breached under Part III of the Indian Constitution.

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