Idea only reflects the thinking of some urban class: Central Govt

NEW-DELHI: On Wednesday (April 19), the hearing continued for the second consecutive day on the issue of same-sex marriage in the Supreme Court. While hearing arguments for the legalization of same-sex marriage, the Supreme Court said same-sex relationships are not just an urban elite concept. CJI DY Chandrachud said that more people are coming forward to reveal their sexual identity in cities, but that does not mean that it can be called an urban concept.

DY Chandrachud said that the government does not have any data to show that the demand for same-sex marriage is limited to the urban class only. The state cannot discriminate against an individual on the basis of a characteristic over which the individual has no control. Opposing the same-sex marriage petition, the central government has said that it only reflects the thinking of some urban class.

The petitioners, requesting the legalization of same-sex marriages, urged the Supreme Court to use all its power, dignity and moral authority to persuade society to accept such unions, so that people from the LGBTQIA community can also marry. Senior advocate Mukul Rohatgi, appearing for one of the petitioners of Respectable Life, told a bench headed by CJI DY Chandrachud that the state should come forward and recognize same-sex marriage

The bench also comprises Justice SK Kaul, Justice SR Bhatt, Justice Hima Kohli and Justice PS Narasimha. Referring to the law related to widow remarriage, Rohatgi said that the society did not accept it then. But the law took immediate action and eventually got social approval. Along with this, Solicitor General Tushar Mehta, who appeared on behalf of the Centre, filed a new petition and appealed that all states and Union Territories be made parties in the hearing of petitions requesting legal recognition of same-sex marriages. .

Earlier on Tuesday, the Supreme Court made it clear that it will not consider private law related to marriages while ruling on petitions seeking legalization of same-sex marriages. The court said that the concept of one man and one woman as mentioned in the Special Marriage Act is not absolute on the basis of gender. The hearing and decision on the petitions will have a significant impact on the country, as the general public and political parties will debate the issue. They have different opinions. Notably, LGBTQIA stands for Lesbian, Gay, Bisexual, Transgender, Queer, Questioning, Intersex and Asexual.