By News Room
New Delhi. Supreme Court heard 15 petitions seeking legal recognition of same sex marriage. A five-judge constitutional bench of Chief Justice DY Chandrachud, Justice SK Kaul, Justice S Ravindra Bhat, Justice PS Narasimha and Justice Hima Kohli is hearing these. During the hearing, Solicitor General (SG) Tushar Mehta and Mukul Rohatgi advocated the petitions in favor of Same Sex Marriage on behalf of the Central Government. Same sex marriage will be heard again in the Supreme Court on April 19.
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On behalf of the Central Government, Solicitor General SG Mehta said that the issue of same sex marriage is not such that 5 people sitting on one side, 5 people sitting on the other side and 5 scholars sitting on the bench can debate. In this, the point of view of the farmer of South India and the businessman of North India will also have to be known. The same, the central government said, we are still questioning the basis of these petitions, because all the states may not agree on this matter. We are still saying whether the court itself can take a decision on this issue. This is a very sensitive issue. He further said, the states must be heard, as both Hindus and Muslims would be affected by this matter. The Center also said that we are getting entangled in this matter. We are saying that the matter should not be heard at all.
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Senior advocate Mukul Rohatgi, appearing for the petitioner, said that we want privacy in our homes. Along with this, we should not have to face any stigma in public places. We want that there should be the same arrangement regarding marriage and family for 2 people, as is going on for others now. Marriage and family are respected in our society. The criminal and unnatural part on this matter has been removed from the law. In such a situation, our rights are also equal. We are same sex people. We have also got equal rights under the constitution as a heterosexual group of the society. You have made this decision. The only obstacle standing in the way of our equal rights was 377.
He further said, we are getting old. We also want the marriage to be respected. What is the situation today? These people are called gay, they are called queer. If they go somewhere, people start looking at them. This is a restriction and violation of rights under Article A 21. You have accepted the definition of sex in Anuj Garg’s case, which said that sex means sexual desire and not whether one is male or female. I have a feeling that something is about to happen, which has never happened before. Many years ago I took up the case of acquittal of 377.
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If we have equal rights as a heterosexual group, we should have the right to marry. Whereas, in 2019, the definition of same sex was the union of two people of the same sex, whether male or female, during the ceremony. The Government of India has been following the age-old legal things. If you are following the same then follow the new laws also.
The Supreme Court said, we want to know what arguments the petitioners are giving. Let us see what is going on in the mind of the petitioner and us. And the Solicitor General cannot tell us how to decide. We will also hear from you at the right time. It was also said that we do not want to know about personal law and you are asking us to go into it, why so. How can you ask us to decide on this. We are not bound to listen to everything. At the same time, the Supreme Court said, we are finding a middle way. The CJI said, the exercise of hearing is happening for generations to come. The court and Parliament will decide on this later.
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