New Delhi: The Supreme Court (SC), on Friday (January 6) asked the Centre to file its reply to pleas on legal recognition of same-sex marriage by Feb 15 and directs all petitions to be listed by March as per PTI. The SC transferred to itself all pleas pending before different HCs with regard to the legal recognition of same-sex marriages. A bench of Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala asked the Centre to file its joint reply to all the petitions on the issue by February 15 and directed that all the petitions will be listed in March as per PTI. 


What the Supreme Court bench said


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The bench stated that any petitioner who is unable to physically argue their case before the court may use the virtual platform. It requested that the counsels for the Centre and petitioners submit a written note on the issue, including relevant laws and precedents, and share it with the court and each other. The bench also asked the counsel for the Centre to ensure that no petitioner is excluded and to include details of all the petitions in the compilations that will be created.


The Solicitor General informed the bench that there are two options available for the court to consider: either it can wait for the verdict of the Delhi High Court, where a petition is currently being heard, or it can transfer all the petitions to itself. The counsels for multiple petitioners stated that they wish for the top court to transfer all the cases to itself and for the Centre to file its response before the top court. On January 3, the top court had announced that it would hear on January 6 the requests to transfer the petitions pending before high courts, regarding recognition of same-sex marriages, to the apex court.


Recognition of same-sex marriages in India


On December 14 of last year, the top court had requested a response from the Centre to two pleas seeking the transfer of petitions pending in the Delhi High Court, which seek recognition of same-sex marriages, to the apex court. Before that, on November 25 of last year, the apex court had requested the central government's response to separate pleas by two gay couples who are seeking the enforcement of their right to marry and a directive for authorities to register their marriage under the Special Marriage Act.


 


(With PTI inputs)