The central government on Wednesday told a five-judge constitution bench hearing the pleas seeking legal status for same-sex marriage.
The central government on Wednesday told a five-judge constitution bench hearing the pleas seeking legal status for same-sex marriage that a committee headed by a Cabinet secretary will be formed to consider and examine the suggestions of LGBTQIA about the problems and issues they are facing while being in the relationship.
Solicitor General Tushar Mehta, representing the central government, submitted this before the constitution bench, headed by Chief Justice of India (CJI) DY Chandrachud, which resumed hearing pleas of legalising same-sex marriage and seeking all legal rights at par with heterosexual couples.
The five-judge constitution bench comprising CJI Chandrachud and Justices Sanjay Kishan Kaul, Ravindra Bhat, Hima Kohli and PS Narasimha resumed hearing over 20 pleas seeking legal recognition of same-sex marriages on Wednesday. The constitution bench has already heard the matter for six days.
Solicitor General told the constitution bench that the issue of same-sex persons was some genuine human concern and the discussion was that if something can be done administratively in this matter. Government is positive and this would need coordination by different ministries, he added. He further told the bench that a committee headed by the cabinet secretary will be formed and suggestions given by the petitioners will be addressed.
The central government has opposed pleas seeking legal status for same-sex marriage, submitting that although the right to love, right to cohabit, right to choose a partner, right to have a sexual orientation is a fundamental right, seeking legal recognition for the same-sex relationship as a marriage or in any other name is not fundamental right.
The central government has submitted before the bench that all the questions arising in the same-sex marriage pleas should be left to Parliament as any tweak in the existing laws related to marriage will have profound social impact and there are several ramifications.
The central government, in an affidavit filed in the matter, had said that pleas on same-sex marriage represent mere urban elitist views for the purpose of social acceptance and a broader views and voice of all have to be taken into account by the legislature.
The petitioners, while praying from the court to make provisions in the law to bring them at par with heterosexual couples and allow them all the benefits flowing for heterosexual couples, have argued that mindset of majority is bothering the LGBTQ community in daily life.