Lagatar24 Desk
New Delhi, Dec 14: The Supreme Court on Wednesday sought a statement from the Centre in response to two petitions asking for the transfer of outstanding same-sex marriage recognition cases from the Delhi High Court to the apex court.
Senior attorney Menaka Guruswamy’s claims that the arguments relate to the fundamental right to equality were noted by a bench made up of Chief Justice D Chandrachud and Justice P S Narasimha.
Kavita Arora and Nibedita Dutta each filed a separate transfer petition, which the bench was now hearing.
The Supreme Court took note of two petitions from two gay couples on November 25 asking for the enforcement of their right to marry and a directive to the authorities to register their marriage under the Special Marriage Act.
In order to handle the two pleas, the court further requested the aid of Attorney General for India R Venkataramani. Hyderabad-based gay couple Supriyo Chakraborty and Abhay Dang submitted the first motion. Parth Phiroze Mehrotra and Uday Raj filed the second petition.
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These two prior requests aim to provide guidance on granting LGBTQ (lesbian, gay, bisexual, and transgender and queer) individuals the fundamental right to marry the partner of their choice. Consensual intercourse between adult gays or heterosexuals in a private setting is not illegal, according to a landmark 2018 ruling from a five-judge Constitution bench, of which the current CJI was also a member.
On the grounds that it violated the fundamental right to equality and dignity, it had overturned a portion of the penal code from the British era that made it a crime.
