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BREAKING | Same-Sex Marriage Recognition : Supreme Court Notifies Composition Of 5-Judge Bench Hearing Marriage Equality Petitions

LIVELAW NEWS NETWORK

15 April 2023 5:51 PM IST

    • BREAKING | Same-Sex Marriage Recognition : Supreme Court Notifies Composition Of 5-Judge Bench Hearing Marriage Equality Petitions

    The Supreme Court has notified the composition of the 5-judge bench which will hear a bunch of petitions seeking legal recognition for same-sex marriage.The bench will have - Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul, Justice Ravindra Bhat, Justice Hima Kohli and Justice PS Narasimha. The bench will start hearing the cases from April 18.It was on March 13 that a...

    The Supreme Court has notified the composition of the 5-judge bench which will hear a bunch of petitions seeking legal recognition for same-sex marriage.

    The bench will have - Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul, Justice Ravindra Bhat, Justice Hima Kohli and Justice PS Narasimha. The bench will start hearing the cases from April 18.

    It was on March 13 that a three judge comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala referred the petitions to a Constitution Bench. 

    The batch of petitions challenge the provisions of the Hindu Marriage Act, Foreign Marriage Act and Special Marriage Act to the extent they do not recognize same-sex marriages. In January, a bench led by CJI DY Chandrachud had transferred to the Supreme Court the petitions pending in High Courts on this issue.
    In March, the Union Government filed its counter-affidavit opposing the pleas by stating that it was a matter for the legislature to decide. "Statutory recognition of marriage limited to marriage/union/relation as being heterosexual in nature, is the norm throughout history and are foundational to both the existence and continuance of the State", the Centre said while arguing that there is a compelling and legitimate State interest in recognizing only heterosexual marriages. The Centre also argued that no fundamental rights under Part III of the Constitution are breached due to the non-recognition of the same-sex marriage.


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