SC refers pleas for same-sex marriage to constitution bench

The Supreme Court on Monday referred a batch of petitions seeking recognition of same-sex marriage to a constitution bench, comprising five judges. The Centre, in an affidavit, contended that legal validation of same-sex marriage will cause “complete havoc” with the delicate balance of personal laws in the country and in accepted societal values. Solicitor General Tushar Mehta, representing the Centre, stressed that legislative policy recognises marriage as a bond only between a biological man and a biological woman. The Centre contended that it is for Parliament to decide whether same-sex marriage could be statutorily recognised. A bench comprising Chief Justice D.Y. Chandrachud, justice P.S. Narasimha, and justice J.B. Pardiwala said it will invoke Article 145 (3) of the Constitution and have this matter decided by a constitution bench, comprising five judges. “It is a very seminal issue”, said the bench, while fixing the matter for hearing on April 18. The central government has told the Supreme Court that living together as partners and having sexual relationship by same sex individuals, which is decriminalised now, is not comparable with the Indian family unit – a husband, a wife, and children born out of the union – while opposing pleas seeking recognition of same-sex marriage. It stressed that same-sex marriage is not in conformity with societal morality and Indian ethos.