Centre to form panel to address concerns of same-sex couples: Solicitor General New Delhi: The Centre is ready to form a panel headed by the Cabinet Secretary to explore administrative steps for addressing concerns of same-sex couples, said Solicitor General of India Tushar Mehta said on Wednesday.
He told the Supreme Court that the Centre that panel will examine whether certain legal rights can be granted to same-sex couples, without legal recognition of their relationship as a "marriage". Earlier, SG Tushar Mehta was asked by the Constitution Bench about instructions from the government on whether certain rights can be granted to same-sex couples to ensure their social security and welfare.
In reply to a query from the SC which wanted to know if any executive guidelines could be issued so that same-sex couples can undertake financial security measures such as opening joint bank accounts, nominating partner in life insurance policies, provident fund etc, Mehta said the government is keen on ensuring rights of same-sex couple.
"The government is positive. What we have decided is that this would need coordination between more than one ministry. So, therefore, a committee headed by no less than the cabinet secretary will be constituted", SG said. Mehta also said lawyers can give their suggestions and convey the problems they are facing and that the government can solve them "so far as legally permissible". "Suppose the government says that nomination in PF is a family member or anyone else, then you don't need to go into anything else", he said.
Chief Justice of India Chandrachud suggested that the Attorney General for India R Venkatramani, Solicitor General and the lawyers appearing in the matter can have a meeting over the weekend for a discussion. CJI clarified that this exercise will not prejudice the rejoinder arguments to be made by the Union Government in the case.
"From the drift of the submissions made by SG last time, it appears that the SG also accepts that people do have a right to cohabit and that right is an accepted social reality. Based on that, there may be certain incidents of that cohabitation- bank accounts, insurance policies - these are practical issues which can be resolved by the government", CJI observed.
Senior Advocate Dr Abhishek Manu Singvhi, appearing for the petitioners, said considering the fact that substantial constitutional issues are involved in the matter, mere "administrative tweaking" by the government may not resolve the issues totally. "For something as simple as a pension, provident fund, gratuity, benefits - that accrues only in a marriage", Senior Advocate Menaka Guruswamy said.
"They are reluctant to give the status of marriage but they're not reluctant to sort out the problems arising from gay companionship without elevating it to marriage", Justice Sanjay Kishan Kaul said, while adding, "Therefore, what is the suggestion from the bench is that the nitty-gritty of what may be done, some endeavour or step is taken in that direction. So let us accept without pre-notions".
