As the same sex marriage plea is being heard in the Supreme Court once again, the Centre has asked all the states and UTs to issue their opinion on the LGBTQ rights issue.
The Supreme Court has resumed the hearing of the same-sex marriage plea, where petitioners have put up new arguments, urging the court to make a landmark decision for the rights of the LGBTQ community in India. The Centre, however, has sought the opinion of the state and UTs on the matter.
The Centre on Wednesday urged the Supreme Court that all states and Union Territories be made parties to the proceedings on the pleas seeking legal validation for same-sex marriages, saying any decision on the issue without obtaining their view would render the present "adversarial exercise incomplete and truncated".
The petitioners, however, went against the statement of the Centre in previous hearings and said that the notion of heterosexuality must be deconstructed and that same-sex marriage should be legalized in India keeping in mind the rights of the LGBTQ community.
In a fresh affidavit filed in the apex court, the Centre said it had issued a letter on April 18 to all the states inviting comments and views on the "seminal issue" raised in these petitions.
It said the framers of the Constitution have specifically provided for a separate entry in the Concurrent List, which is a part of the Seventh Schedule of the Constitution conferring a constitutional function of legislating with respect to the institution of "marriage", the requisite conditions for a valid marriage, regulations of such institutions like making provisions for divorce, alimony etc.
The petitioners seeking legal validation of same-sex marriage on Wednesday urged the Supreme Court to use its plenary power, “prestige and moral authority” to push the society to acknowledge such a union which would ensure LGBTQIA persons lead a “dignified” life-like heterosexuals.
A five-judge Constitution bench headed by Chief Justice D Y Chandrachud was told by senior advocate Mukul Rohatgi, appearing for one of the petitioners, that “the State should come forward and provide recognition to same-sex marriage.”
If same-sex marriage is legalized in India, it is set to have significant ramifications for the country where common people and political parties hold divergent views on the subject.
(With PTI inputs)
READ | Same-sex marriage: Centre opposes gay marriage in Supreme Court, calls it 'Urban elitist concept'
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