Gay Marriage in India: The Center today (April 19) filed a fresh affidavit on various petitions seeking legal recognition of same-sex marriage and urged the Supreme Court to make states and union territories a party in the matter. Solicitor General Tushar Mehta apprised the top court about the Centre’s latest affidavit.
A five-judge constitution bench headed by Chief Justice of India (CJI) DY Chandrachud began hearing a batch of petitions seeking legal recognition of same-sex marriage. CJI DY Chandrachud remarked that the Center has now informed the state that the matter is ongoing.
that’s excellent! So it is no longer the case that the states are ignorant, the court said. The Center apprised the SC that the Union of India has issued a letter dated 18 April 2023 to all states inviting comments and views on the fundamental issue raised in the present batch of petitions.
The Center in a fresh affidavit said the said issue goes to the crux of the present case and has far-reaching implications. In record and alternative, allow the Union of India to conclude the consultation process with the States, obtain their views/apprehensions, compile the same and place the same on record before the Court, and only then take a decision on the present issue.
Know what has been said in the affidavit:
The Center has said in the fresh affidavit that it is clear that the rights of the states, especially the right to legislate on the subject, will be affected by any decision on the subject. In the affidavit submitted before the Supreme Court, the Centre, various States have already legislated on the subject through delegated legislations, therefore making them a necessary and proper party to the proceedings in the present matter.
The Center submitted in the affidavit that in a matter where the legislative rights of the states under the Seventh Schedule and the rights of the residents of the states are clearly in question, it was the bounden duty of the petitioners to make all the states parties. current litigation. The Center has said in an affidavit that despite this, the states have not been made party to the present batch of petitions, unlike on other occasions, for adjudication of questions of fundamental constitutional importance, especially where the legislative powers of the states are under scrutiny. Are. Court.
The Center submitted that any decision on the present issues, without making the States a party, without specifically obtaining their views on the present issue, would be incomplete and shortchange the present perverse practice. The Center submitted that in the light of the above, all the States were requested to implead in the present litigation before this Court and place their respective stand on the said issue during the course of hearing on 18th April. The Center said that despite the said constitutional, jurisprudentially and logically sound request being made, the apex court is not pleased to rule on the same.
(with inputs from agencies)
Read also: ‘No absolute concept of man or woman based on genitals’: SC on same-sex marriage
Read also: Center opposes same-sex marriage in Supreme Court, plea calls viewpoint of ‘urban elite’