A Constitution Bench led by Chief Justice of India DY Chandrachud and comprising Justices Sanjay Kishan Kaul, S Ravindra Bhat, PS Narasimha, and Hima Kohli will on April 18 hear petitions seeking legal validation of same-sex marriage in India.
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.
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