Supreme Court hears arguments on legal recognition for same-sex marriage in India

New Delhi (India), April 19, 2023: The Supreme Court of India continues to hear a batch of pleas seeking legal recognition for same-sex marriage. During Tuesday’s hearing, Senior Advocate Mukul Rohatgi argued that the test of popular acceptance is insufficient to deny fundamental rights to a community.

He emphasized that discrimination based on sexual orientation is deeply offensive to an individual’s dignity and self-worth. Rohatgi also stated that a constitutional declaration is necessary to remove the stigma associated with same-sex relationships.

In separate remarks, Chief Justice of India (CJI) DY Chandrachud declared that the mandatory 30-day notice of a couple’s intention to marry under the Special Marriage Act is unconstitutional. He further added that the notion of a biological man or woman is not absolute, and one’s genitalia is not the only determining factor.

The CJI’s comments were in response to Solicitor General Tushar Mehta’s argument that societal acceptance of relationships is never dependent on legislation or judgment. Mehta also questioned the judiciary’s role in creating new socio-legal rights through marriage.

The ongoing hearing has sparked discussions on same-sex marriage and fundamental rights. Many activists and members of the LGBTQ+ community have expressed hope for a positive outcome in the case. The Court’s decision could potentially pave the way for legal recognition of same-sex marriages in India.