A batch of petitions seeking the legalisation of same-sex marriage is currently being considered by the Supreme Court’s five-judge Constitution Bench. The bench, headed by Chief Justice of India Dr Dhananjaya Yeshwant Chandrachud, and comprising Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and P S Narasimha, reserved its verdict on Thursday after hearing arguments from all sides over the course of ten days.
The petitions relate to the legal recognition of same-sex marriage, with one petitioner highlighting the absence of a legal framework for members of the LGBTQIA+ community to marry the person of their choice.
The Court has indicated that it will consider the matter under the provisions of the Special Marriage Act, rather than personal laws. The petitioners have asserted their fundamental right to marry, while their lawyers have argued that provisions of the Special Marriage Act should be interpreted expansively to include the LGBTQIA+ community.
The respondents have argued that the legalisation of same-sex marriage could lead to the legalisation of incestuous and polyamorous relationships, but the petitioners have denied this.
