On the second day of the hearing (April 19) of a batch of petitions seeking legal sanction of same-sex marriage, the Centre filed a fresh plea asking the court to hear all States and Union Territories.
The affidavit notes that since the case should have a consultative process, it is important for the court to hear the States and UTs before deciding on the issue. According to the affidavit, the Centre has written to the States and UTs seeking their stand on the legal validity of same-sex marriage. The affidavit asks the apex court to either make all the States and UTs a party to the proceedings or in the alternate allow the Centre to finish its consultative process and then go ahead with the adjudication of the case.
When Solicitor General Tushar Mehta urged the court to consider this affidavit, CJI Chandrachud remarked "Excellent, now the states are not unaware of the proceedings." However, the court refused to adjourn the case till the consultative process is over and asked senior counsel Mukul Rohatgi to continue arguing the case without responding to the centre's affidavit.
On April 18, CJI Chandrachud remarked that the concept of gender is complex and the definition of a biological man and a biological woman is not restricted to a person's genitals.
The government, represented by Solicitor General Tushar Mehta, has previously opposed such petitions, stating that recognition of same-sex marriage is a function of parliament and that the fundamental right to life and liberty does not implicitly approve of same-sex marriage.
The government has also argued that while persons of the same sex can engage in consensual sexual intercourse without being held criminally liable under Section 377 of the Indian Penal Code, this does not legitimise same-sex marriage, and the State only recognizes heterosexual marriage.
The government further stated that the 2018 Supreme Court verdict decriminalizing consensual same-sex sexual intercourse does not extend the right to privacy to include a fundamental right to marry for two individuals of the same gender.
Discover the latest Business News, Sensex, and Nifty updates. Obtain Personal Finance insights, tax queries, and expert opinions on Moneycontrol or download the Moneycontrol App to stay updated!
