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APEX COURT CONSTITUTES A FIVE-JUDGE CONSTITUTIONAL BENCH TO LOOK INTO THE MATTER OF THE LEGALITY OF SAME-SEX MARRIAGES IN INDIA

Last Updated on April 18, 2023 by Administrator

A number of petitions requesting legal recognition of same-sex marriages in India will be heard by the Supreme Court beginning on April 18.

In the meantime, appropriate benches are still deliberating on several crucial constitutional bench matters, such as the repeal of Article 370, the admission of women to the Sabrimala temple, the extent of judicial review in religious disputes, and the constitutionality of the Citizenship Act.

A five-judge panel was recently assembled by the Honourable Supreme Court to review petitions concerning the legal status of same-sex unions in India. Along with the Chief Justice of India (CJI), the bench also includes Justices Sanjay Kishan Kaul, Ravindra Bhat, Hima Kohli, and PS Narasimha. 

The Supreme Court saw this case as being extremely significant. A three-judge panel led by the Chief Justice of India stated in its reference judgement that the arguments on the matter center on the interaction between constitutional rights and other legal provisions, such as the Special Marriage Act and the rights of transgender couples.

The Central government, which has objected to the petitions, has pleaded with the SC to let Parliament resolve the matter. According to it, a “legislative understanding of marriage in the Indian statutory and personal law regime” solely relates to unions including biological males and women, and any interference “would cause complete havoc.”

Written By – Unnati

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