- India's Supreme Court could issue a "constitutional declaration" on the same-sex marriage issue
- The bench included Chief Justice D.Y. Chandrachud and Justices S.K. Kaul, S.R. Bhat, Hima Kohli, and PS Narasimha
- The debate on the matter would no longer be confined to the Same-Sex Marriage Act
India's Supreme Court could issue a ruling on the country's same-sex marriage hearing, suggesting that it supports a "constitutional declaration" and stops short of granting formal marriage rights to LGBTQIA+ members.
Parliament may implement the declaration by enacting appropriate laws affecting the concerned parties. Chief Justice D.Y. Chandrachud and Justices S.K. Kaul, S.R. Bhat, Hima Kohli, and PS Narasimha made up the bench ruling.
Same-Sex Marriage Rights in India
The country's Supreme Court conducted an intense round of hearings that focused on the court's competence and the right of homosexual partners to claim parity with heterosexuals in marriage. There was clarification that the court would avoid the vexed issue of personal laws.
However, the court said that the scrutiny process in reaching an appropriate conclusion based on the demand for legalizing same-sex marriages would be unrestricted by the Special Marriage Act, as per the Times of India.
In a statement, the bench said that they confined the petitioners to the Special Marriage Act when they opened the debate on the issue. While they still maintain the exclusion of the entirety of personal laws from the debate, they would no longer be confined only to the SM Act.
Kapil Sibal, a senior advocate, had previously volunteered to help the court in the debate over the contentious issue. He also countered the petitioners' argument that the Supreme Court must issue a constitutional declaration because Parliament did not want to do anything about their marriage rights.
The demands called for the Supreme Court to enact a law that would legalize their marriages, which has been only for heterosexuals in India. In a statement, Sibal said it is a dangerous proposition because it is a law under a tectonic shift in societal values.
Supreme Court's Potential Decision
The case that the Indian Supreme Court is handling comes after a series of petitions filed by LGBTQ couples that argued that the Constitution prohibits discrimination based on sexual orientation. According to the Voice of America News, they also claim that it gives all citizens the right to marry a person of their choice.
One of the lawyers for the petitioners, Vrinda Grover, told the court that what they were canvassing before the court was a new imagination of marriage and family. They argued that this was founded on love, care, and respect.
Despite the calls, the country's Hindu nationalist government and leaders from India's main religions, Hindu, Muslim, Jain, Sikh, and Christian, have all opposed the idea of same-sex marriage rights.
Solicitor General Tushar Mehta, who represented India's government in the case, questioned the court's right to hear the issue. He argued that more than five individuals should decide it, said BBC.
