CIHS – Centre for Integrated and Holistic Studies

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Same Sex marriages: a zillionth question

A five-judge Constitution Bench headed by Chief Justice DY Chandrachud comprising Justices SK Kaul, SR Bhat, Hima Kohli, and PS Narasimha, reserved its judgment on May 11, 2023. This followed a rigorous ten-day session during which senior advocates AM Singhvi, Raju Ramachandran, KV Viswanathan, Anand Grover, and Saurabh Kirpal presented their arguments on behalf of the petitioners. On the other side, Attorney General R Venkataramani, Solicitor General Tushar Mehta represented the Centre, and senior counsel Kapil Sibal appeared for Jamiat-Ulama-i- Hind. India is widely recognised for its profound socio-religious diversity, which constitutes a mosaic of various belief systems. Marriage in India holds significant social and ritualistic importance, traditionally viewed as a union between a man and a woman. Serving as a crucial component of every individual’s life, marriage has been instrumental in the propagation of future generations, making it a fundamental institution of human society throughout history.

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Explainer: Recognition of same-sex marriages

On March 13, 2023, Indian apex court transferred a plea for recognition of same-sex marriages to the constitutional bench. Justice DY Chandrachud, PS Narasimha and JB Pardiwala listed the hearing from April 18, 2023. In an affidavit, Indian government has opposed the plea seeking legal recognition of same-sex marriages. Indian government said that marriage is accepted ‘statutorily, religiously and socially’ only between a biological man and a woman. The affidavit argued that any deviation from this accepted form could only be voted by lawmakers and not ruled by courts.

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