Special Marriage Act: Two men file a petition in the Supreme Court for recognition of same-sex marriage

Last Updated on December 4, 2022 by Administrator

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Issue

Two homosexual men from Hyderabad have filed a fresh PIL with the Supreme Court of India asking for the Special Marriage Act, 1954 to recognise same-sex marriages. The case will be heard today by a Supreme Court panel presided over by Chief Justice DY. Chandrachud.

Facts of the Case

Supriyo Chakraborty and Abhay Dang, the petitioners, have been together for over ten years. Both lovers and their families experienced the fragility of life as a result of the epidemic. During the second wave, they both received COVID. After they had recovered, they made the decision to commemorate their marriage with all of their loved ones by having a wedding-cum-commitment ceremony on their ninth anniversary. In December 2021, they had a ceremony where their parents, relatives, and friends blessed their love.

Arguments

The Special Marriage Act, according to the petitioners, violates the Indian Constitution insofar as it discriminates against same-sex couples and opposite-sex couples by denying them both legal rights and the social respect and status that come with marriage. The petitioners contend that the Indian Supreme Court has consistently upheld couples’ freedom to marry someone of any caste or religion. Now, petitioners contend that LGBTQ+ people should also have the freedom to marry anyone they want.

Reasoning

In the Navtej Singh Johar and Puttaswamy cases, the Supreme Court ruled that LGBTQ+ people had the same constitutional rights to equality, respect, and privacy as other citizens.

Provisions used in the case

Special Marriage Act, 1954

Case

Supriyo @ Supriya Chakraborty &Anr. v. Union of India

Written By – Nikita Shankar