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Same sex marriage plea in Supreme Court: Know arguments of Centre, petitioners in LGBTQ rights issue

The same-sex marriage plea in the Supreme Court is currently being heard by a bench headed by CJI DY Chandrachud, where the arguments have resumed on Day 4.

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The fourth day of the hearing of the same-sex marriage plea in the Supreme Court has resumed, with the petitioners putting up strong arguments in an attempt to legalise marriage for same-sex couples in India, which will lead to a landmark decision for LGBTQ rights.

The arguments resumed on Day 4 after Chief Justice of India DY Chandrachud had said on the previous day that the arguments of the petitioners will be heard on Day 4 and that the lawyers should previously decide on how to split up their time during the hearing.

Advocate Vrinda Grover, representing the petitioners in the case, said during the hearing, “A petitioner I am representing lives with a family which does not understand or respect her sexual orientation. She is also suffering from an illness. She needs persons who will take decisions that are in her best interest.”

Further, the advocate said, “We are canvassing before this court a new imagination of marriage and family which is based on love, care and respect. This may not come from the natal family, which is well established from several studies.”

Pointing out the hampering of LGBTQ rights in the country, the petitioners said, “A study says that several transgender persons who went home due to Covid, were subjected to all kinds of violence from families. That is why this form of the chosen family becomes important.”

Earlier, the Centre had asked all the states and UTs to weigh in on the matter of same-sex marriage, while previously opposing the concept. The Centre also said that this matter should be legislated by the Parliament and not the courts.

The Centre had also said that same-sex marriage is against the biological concept of marriage in India, which can only be defined as a marriage between a heterosexual male and a heterosexual female, a point which was opposed by the petitioners.

READ | 'Not just physical relationship but...': CJI Chandrachud on same-sex marriage

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