Same-Sex Marriage Issue in the Supreme Court
The issue of same-sex marriage was discussed in the Supreme Court today before five-judge Constitution bench led by Chief Justice of India DY Chandrachud.
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In the Supreme Court, Kapil Sibal senior counsel for Jamiat Ulama-i-Hind opposing such marriages, raised the issue of impacts on personal laws. The court clarified that the issue of same-sex marriage will be discussed under the Special Marriage Act 1954, there is no encroachment on personal law.
New Delhi 18.04.2023; the issue of same-sex marriage was discussed in the Supreme Court today before five-judge Constitution bench led by Chief Justice of India DY Chandrachud. Mr Kapil Sibal's (appearing for Maulana Mahmood Madani , President Jamiatul Ulama-i-Hind, an intervening party) submitted that the issue is of large ramifications. Mr Sibal told the court that the issue will also impact various laws like inheritance; succession, adoption, personal laws of different communities etc, and it cannot be examined. He also stated that if the court wants to hear the matter; all the State governments should be made party to these proceedings and they be heard. Finally he made it clear that the Courts must not get into this issue. At the most, the parliament or the State Assemblies are the competent forums to formulate law. Mr Sibal was assisted by Mr M R Shamshad and Mr Niaz A Farooqui Advocates.
After hearing the said submissions, the other side also made it clear that if that be so, they will not encroach on personal law issues. After some deliberations, the Court agreed that it will not get into the issue of Personal laws of any of religious denominations. Finally, after hearing the parties, the court made it clear that the issue shall be examined in the backdrop of the Special marriage Act 1955. Even on this issue, the Court requested Mr Sibal to assist the court after all the Petitioner and the Central Government Concludes the arguments. Senior Counsel for the petitioner Mr Mukul Rohtagi started his arguments on the said issue.
