Petition In SC Seeking Equality Of Marriage Under Special Marriage Act

On Friday, a lawyer mentioned a Supreme Court petition for equality of marriage under the Special Marriage Act.  Before a bench chaired by Chief Justice DY Chandrachud, attorney Shadan Farasat mentioned his plea.

Chief Justice Chandrachud stated that the matter and the other petitions would be heard following the court's return from winter break. Two same-sex couples had earlier filed a petition with the Supreme Court asking for the Special Marriage Act to recognise their union. A transfer of the petition on the issue from the Delhi High Court to the Supreme Court was also requested in a separate argument, which is still being considered.

Petition In SC Seeking Equality Of Marriage Under Special Marriage Act

The Supreme Court agreed to review two different petitions requesting the Special Marriage Act's recognition of same-sex marriages. The Supreme Court gave notice to the Center regarding these two distinct petitions on November 25. It also mentioned that various same-sex marriage-related cases are currently being heard in a number of high courts, including Kerala and Delhi.

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The Supreme Court's top court also took notice of a statement the Center had made to the High Court, stating that the Ministry was taking steps to transfer all pleas to the Supreme Court. To get same-sex marriage recognised, two same-sex couples approached the Supreme Court.

One of the petitions that previously made the rounds brought up the issue of the absence of a legal framework that permitted members of the LGBTQ+ community to marry whomever they chose. The petition stated that the couple wanted to enforce the fundamental right of LGBTQ+ individuals to marry anyone they choose and said, "the exercise of which ought to be insulated from the disdain of legislative and popular majorities." The petitioners further argued that they had a fundamental right to marry one another and asked this Court for appropriate directions to enable them to do so.

Several petitions regarding the legal recognition of same-sex marriage under the Foreign Marriage Act and the Special Marriage Act are currently being heard by the Delhi High Court.