New Delhi: The Supreme Court of India has sought response from the Central Government and sought the assistance of the Attorney General of India on the issue of recognition of Same Sex Marriage under the Special Marriage Act.
The issue of same sex marriage has been raised in the Supreme Court by two gay men; Supriyo Chakraborty and Abhay Dang- living in Hyderabad. They have filed a petition in the SC contending that provisions of Special Marriage Act are ultra vires of the constitution as it discriminates between same sex couples denying them legal rights as well as social recognition and status that flows from a legal marriage.
Arguing the case in the apex court for the gay men, senior advocate Mukul Rohatgi submitted before the court that, “The right to recognition of same sex marriage is ultimately a squeal to Navtej Singh Johar and Puttaswamy cases. The issue of same sex marriage is a live issue and has a impact on the matters like inheritance, donation and health.” “The special marriage of marriage between two persons, but section 4 of the same act goes on to say that the marriage should only be between a man and a woman, “added Rohatgi.
Navtej Singh Johar case was decided by the Supreme Court of India in 2018, where a bench of five judges struck down the colonial law that criminalised homosexuality. While the Puttaswamy verdict which gave right to privacy the status of a Fundamental right and ruled that sexual orientation is a facet of privacy, and constitutionally protected. The petitioner have argued that the Indian Supreme Court has always protected the right of inter-caste and inter-faith couples to marry a person of their choice and same sex marriage is a continuation of this constitutional journey.
Petitioners Supriyo Chakraborty and Abhay Dang, have been a couple for almost 10 years and last year had a wedding-cum-commitment ceremony which was attended by their family and friends. The Supreme Court was also informed that there are similar petition pending before various high court and the government of India is taking steps to get these petitions transferred to the Supreme Court of India.