SC To Live-Stream Same-Sex Marriage Hearing, Refers Issue To 5 Judge Constitution Bench

The Supreme Court on Monday referred the issue of same-sex marriage to a five-judge Constitution bench, marking April 18th as the date for the next hearing. The court also said that it will live stream the matter. The Supreme Court, in its observation, said that the issue "is of seminal importance" and needs to be adjudicated upon by a five-judge bench.

Solicitor General Tushar Mehta, appearing for Centre, opposed the plea, saying the right to love, expression and freedom of choice is already upheld, but doesn't mean conferring the right of marriage.

A bench headed by Chief Justice D Y Chandrachud said the submissions on the issue involve an interplay between constitutional rights on the one hand and special legislative enactments, including the Special Marriage Act, on the other.

"We are of the considered view that it would be appropriate if the issues raised are resolved by a bench of five judges with due regard to Article 145 (3) of the Constitution. Thus, we direct the matter be placed before a five-judge Constitution bench," said the bench, also comprising Justices PS Narasimha and JB Pardiwala.

The Centre has opposed in the top court a batch of petitions seeking legal validation of same-sex marriages, claiming they will cause a "complete havoc" with the delicate balance of personal laws and accepted societal values.

In an affidavit filed before the apex court, the government submitted that despite the decriminalisation of Section 377 of the Indian Penal Code, the petitioners cannot claim a fundamental right for same-sex marriage to be recognised under the laws of the country.