Supreme Court to Announce Verdict on Legality of Same-Sex Marriage in India Tomorrow

The Supreme Court is poised to unveil its judgment regarding the legal recognition of same-sex marriages in India on Tuesday.On May 11, a constitution bench presided over by Chief Justice DY Chandrachud, accompanied by justices S K Kaul, S R Bhat, Hima Kohli, and P S Narasimha, had reserved the verdict after a comprehensive 10-day hearing.

Throughout the proceedings, senior advocates representing the petitioners, including Mukul Rohatgi, Abhishek Manu Singhvi, Raju Ramachandran, Anand Grover, Geeta Luthra, KV Viswanathan, Saurabh Kirpal, and Menaka Guruswamy, emphasized the equality rights of the LGBTQIA+ community in securing legal recognition for their unions.

They contended that same-sex marriages should be acknowledged under the Special Marriage Act (SMA), not only to dignify their partnerships but also to ensure their access to social security and other welfare benefits.In opposition, the Center has argued against granting legal recognition, asserting that Indian legislative policy has consciously defined marriage as a union between a biological man and a biological woman, leaving the matter to the discretion of the Parliament.

While the government consented to establish an inter-ministerial committee, led by the cabinet secretary, to explore “administrative steps” for offering specific benefits to same-sex couples even in the absence of legal marriage recognition, it urged the constitution bench not to issue any declarations regarding the acceptance of rights for same-sex couples or the validation of their relationships.