The Supreme Court seeking legal recognition of same-sex marriage

Same rights 

• A gay couple has moved the Supreme Court seeking legal recognition of same-sex marriage under the Special Marriage Act, and to issue appropriate direction to authorities concerned to allow them to solemnise their marriage.
• The Supreme Court has sought the Government’s response to appeals to allow same-sex marriage under a particular law, in another bid to provide legal sanction to widening social customs. 

Matter in the court 

• A Bench of CJI D.Y. Chandrachud and Justice Hima Kohli agreed to hear two partners who said the non­recognition of same-sex marriage amounted to discrimination that struck at the rights of LGBTQIA+ couples. 
• The petitioners cited the Special Marriage Act, of 1954, which provides a civil marriage for couples who cannot marry under their personal law. 
• Listing the case for hearing, the Court also transferred cases pending before several High Courts to itself. 

Protecting same-sex marriage 

• It is the first step towards same-sex marriage, which has been legalised in 30­odd countries, including the U.S. where this July the House of Representatives approved legislation to protect such marriages.
• This legislative action came amidst concern that an aggressive Supreme Court could revisit settled laws after it overturned Roe vs Wade on abortion rights. 

A Ray of hope 

• After the K.S. Puttaswamy verdict (2017) which upheld the right to privacy and Navtej Singh Johar (2018) decriminalised homosexuality, there was hope that same-sex marriages would follow, but that has not been the case. 

Opposing same-sex marriage 

• At depositions in courts and outside, the Centre has opposed same-sex marriage, and said judicial interference will cause “complete havoc with the delicate balance of personal laws”. 
• This is perhaps one of the reasons why the Supreme Court may consider allowing same-sex marriage under the Special Marriage Act, and not several other personal laws such as the Hindu Marriage Act. Over the past few years, it has passed a series of judgments that challenged conservative society, brought hope, and expanded the scope for people who do not conform to age-old social norms. 

A Long fight 

• Eventually though, even if the Court rules in its favour, the march towards equality for the LGBTQIA+ community will be long and arduous. 
• Enforcing same-sex marriage in a diverse country with varying customs and traditions will not be easy.
• Social mindsets are conservative and so well entrenched that anyone who feels differently is stigmatised, humiliated, and ostracised. 
• Together with the Court, more needs to be done at the societal level to chip away at conservative views on sex, gender, women and the LGBTQIA+ community. 

Extending the benefit 

• Alongside the call for legalising same-sex marriage, activists have been seeking the extension of the benefits of traditional marriage to same-sex couples, including the right to adopt children. 
• As people’s relationships change, and society undergoes transformation, constitutional rights on freedoms and liberties must extend to every sphere, including a same-sex couple’s life.