Same-Sex Marriage Case Hearing, Day 7: Legislative Changes Completely Beyond Our Domain, Says CJI

The hearings for the pleas seeking recognition of same-sex marriages in India continued today, the seventh day of hearing.

During the hearing today, the CJI is reported to have said that: "The conceptual domain requires legislative changes and it is completely beyond our domain".

These views of the CJI can be said to be more balanced than what were reported in the first couple of days of the hearing. Many observers had then expressed their views saying that the Supreme Court would grant the petitioners their wish and may even fundamentally the legal definition of marriage in India.

The CJI however continued : "So we have to see how we frame the conceptual doctrine. Somethings can be done administratively, something can be changed by subordinate legislation, and the third is recognition for the same sex marriage. So we are saying we will decide this issue as a concept but the government taking one step forward will be to recognise the cohabitation of same sex couples which will be a big step".

On the previous date of hearing, the Solicitor General had submitted before the Bench that the SG and the Government share the human concerns faced by the LGBTQ community.

For now, it seems like a legal recognition of the right to cohabit, but not marriage, will be the way forward for the petitioners.