Supreme Court To Examine Same-sex Marriage Under Special Marriage Act, Steering Clear Of Personal Laws

On Tuesday (18 April), the Supreme Court bench presiding over cases requesting legal recogntion of same-sex marriage announced that they will avoid the realm of personal laws.

Instead, they will only scrutinise whether this right can be granted under The Special Marriage Act, which was enacted in 1954.

Notably, the judges said "there is no absolute concept" of a man or woman when responding to the argument that the "legislative intent" of marriage has always been a "relationship between a biological male and a biological female."

Batting for "incremental changes in issues of societal ramifications" at times, Justice Kaul, part of the five-judge Constitution bench hearing the matter, said: "There is time for everything. Therefore, what was being suggested was, can we for the time being confine only to limited issue, and not step into personal law issues."

Solicitor General Tushar Mehta, representing the Centre, requested the court to address the government's challenge to the petitions' legitimacy. He argued that marriage is a matter within the jurisdiction of the legislature.

Mehta also emphasised the importance of involvement of states in the issue as the subject falls under the concurrent list.

He claimed that with its removal, criminality and the idea of being "unnatural" were erased from the legal system, resulting in equal rights.

Rohatgi stated that if LGBTQ rights were truly identical, then all benefits of Articles 14, 15, 19, and 21 should be enjoyed.

The presence of stigma around homosexual relations, according to Rohatgi, cannot be eradicated except through a decision made by the Supreme Court.

He asserted that individuals in the LGBTQ+ community desire the same privileges granted to others, such as privacy in their homes and escaping social stigma in public places.

Therefore, marriage and family are sought after to gain respect and recognition in our society.

Being able to register marriages under the Special Marriage Act will lead to societal acceptance and elimination of stigma, enabling full and final assimilation, Rohatgi said.