SC clubs, transfers to itself all pleas pending before different HCs on same-sex marriages

The legal recognition case pleas pending will different High Courts across the Country were clubbed and transferred to the Supreme Court which will hear it later in March this year.

New Delhi:The Supreme Court on Friday transferred to itself all petitions seeking legal recognition for same-sex marriage pending before different high courts including Delhi, Kerala and Gujarat. Supreme Court bench comprising Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala asked the Centre to file its joint reply to all the petitions on the issue by February 15 and directed that all the petitions will be listed in March.

The court said that it is of the view that the pending petitions before various High Courts including Delhi, Kerala and Gujarat involving the same subject, should be transferred and decided by the top court, since there are several batches of them pending in the court. The top court also agreed to provide a virtual platform for appearances to those petitioners who cannot engage counsel here or travel to Delhi.

The court listed the matter for further hearing on March 13, 2023, and also sought the Centre's response to the petitions and asked the government to file a counter affidavit. The court was hearing various petitions seeking to transfer plea relating to legal recognition of same-sex marriage from the Delhi High Court to it.

The couple was represented by Senior Advocate Menaka Guruswamy who sought a transfer of the plea. The plea was filed t hrough an advocate on record Shally Bhasin. The Delhi High Court was hearing various petitions relating to the legal recognition of same-sex marriage under the Foreign Marriage Act and the Special Marriage Act.

Earlier the Supreme Court agreed to examine two separate petitions seeking legal recognition of same-sex marriage under the Special Marriage Act. On November 25, the Supreme Court issued notice to the Centre on the two separate petitions and also noted the various pleas relating to same-sex marriage issues are being heard in various High Courts including Kerala and Delhi.

The top court had also noted the Centre made a statement before HC that the ministry was taking steps to transfer all pleas to the Supreme Court. Two same-sex couple has approached the Supreme Court to recognise same-sex marriage. One of the petitions earlier raised the absence of a legal framework which allowed members of the LGBTQ+ community to marry any person of their choice.

According to the earlier petition, the couple sought to enforce the fundamental rights of LGBTQ+ individuals to marry any person of their choice and said that, "the exercise of which ought to be insulated from the disdain of legislative and popular majorities." The petitioners, further, asserted their fundamental right to marry each other and prayed for appropriate directions from this Court allowing and enabling them to do so.