The Supreme Court, which was hearing a batch of pleas seeking legal validation for same-sex marriages on Monday, has sent the matter to a five-judge Constitution bench. The hearing of the case will begin on April 18.
The pleas for hearing the case was listed before a bench comprising Chief Justice D Y Chandrachud and justices PS Narasimha and JB Pardiwala.
On November 25 last year, the Supreme Court sought the Centre's response to separate pleas moved by two gay couples seeking enforcement of their right to marry and a direction to the authorities concerned to register their marriages under the Special Marriage Act.
The petitions on which the top court issued the notice sought a direction that the right to marry a person of one's choice be extended to LGBTQ (lesbian, gay, bisexual, transgender and queer) people as part of their fundamental right.
One of the petitions sought an interpretation of the Special Marriage Act, 1954, in a gender-neutral manner where a person is not discriminated against due to his sexual orientation.
On December 14 last year, the Supreme Court sought the Centre's response to two pleas seeking a transfer of the petitions pertaining to same-sex marriage pending in the Delhi High Court to itself.
On January 6, the Supreme Court clubbed and transferred to itself all such petitions pending before different high courts, including the Delhi High Court.
The Centre filed its affidavit on Sunday where it strongly opposed same-sex marriage. It informed the Supreme Court in the affidavit that the concept of an Indian family involves a biological man and woman and it won’t be possible for the court to change the entire legislative policy of the country that is deeply embedded in religious and societal norms.
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