Looking At Petitions For Same-Sex Marriage That Have Been Filed At Supreme Court

On April 18, the Supreme Court began hearing petitions for same-sex marriage. The queer community in India is looking up to the judiciary with hope as the Centre seeks to thwart the hearing.

Representing the interests of the Centre, SG Mehta has been making a case stating that it is not in the best interests of the judiciary to encourage such a debate and that the matter is best left in the hands of the legislature. He added that it was a sensitive matter that would affect all religions and sections in India.

Despite deterrence from the Centre, here is a list of petitions for same-sex marriage that the Supreme Court will be reviewing.

Petitions For Same-Sex Marriage

Aditi Anand Vs Union Of India

A married (not constitutionally validated yet) Aditi and Susan have been living together for years and have recently been bringing up a child. They, however, do not enjoy the same facilities that other heterosexual married couples do. The Special Marriage Act has been challenged here for being discriminative towards homosexual couples.

Supriya Chakraborty Vs Union Of India

The petitioners got married in a small event in the presence of their parents. The petitioner's counsel holds that non-recognition of same-sex marriage is violative of Articles 14, 15, 19, and 21 of the Constitution.

Dr Kavita Arora Vs. Union Of India

The petitioners have been in a relationship for eight long years and are 47 and 36 years of age respectively. One of them was in a heterosexual marriage. They discovered their then heterosexual spouse to be with each other. After spending years together they wish to seek constitutional validity as a married couple.

Amburi Roy Vs. Union Of India

The case has been petitioned by two adult women who have been seeing each other since 2007. They married each other in Denmark and gained recognition for their marriage there last year. They had left India the year before that as they were aware that they could not gain legal recognition as a married couple in India. Since they married outside India they now wish to gain recognition as a married couple under Section 17 of the Foreign Marriage Act that only recognises a 'man' and 'woman' as a married couple.

Abhijit Iyer Mitra Vs. Union of India

This petition challenges the Hindu Marriage Act on the grounds of not granting recognition to same-sex marriage. This is because the Act clearly speaks of matrimony between 'any two Hindus' and does not bring up the matter of one's biological sex.

Suggested Read: “Right To Life Of Dignity”: Menaka Guruswamy During Same-Sex Marriage Hearing