Same-Sex marriage

Same-Sex marriage

News: A five-judge Constitution Bench headed by CJI D Y Chandrachud began hearing a batch of petitions seeking legal recognition for same-sex marriage.

 The court had referred the pleas to a Constitution Bench on March 13, saying questions of “seminal importance” were involved.
 A three judge benched headed by CJI earlier said the submissions related to an interplay of constitutional rights and specific legislative enactments including the Special Marriage Act on the one hand, and the rights of transgender couples on the other.

What are the main issues/arguments of petitioners?
 The right to adopt, or have children by surrogacy or assisted reproductive technology, and automatic rights to inheritance, maintenance, and tax benefits are available only to married couples.
 The petitioners have pointed out that they will not be able to avail of legally accrued benefits of laws such as The Transplantation of Human Organs Act, as it only allows near relatives to object to the use of a deceased’s body for therapeutic purposes or organ donation.
 By excluding same-sex couples from the realm of marriage, the law places a burden on same-sex couples that it is constitutionally impermissible. They argue by not allowing same-sex marriages they are deprived of acceptance, respect from the society.
 Equality is not achieved by the decriminalisation of sexuality alone. It needs to be expanded to other domains of life – workplace, home, public places.
 The petitioners have also sought for same-sex couples the benefits that legislation such as the Special Marriage Act, 1954, provide to opposite-sex couples.
 They have argued that non-recognition of same-sex marriage violates rights under Articles 14 (right to equality before law), 15 (right against discrimination on grounds of religion, race, caste, sex, place of birth), 19 (freedom of speech and expression), and 21 (protection of life and personal liberty) of the Constitution.

What are the views of the centre?
 The centre argued that if the court allows same sex marriage, it would amount to the “judicial creation of a social institution called ‘marriage’ of a different kind than contemplated in the existing law”.
 Centre says only the legislature has the right to make such changes in the law.
 Marriage is not…confined to the private sphere. The regulation of marriage is very much an issue of acceptance by the society and as such ought to be debated only by the competent legislature.

What are earlier SC judgements that the petition refers to? (Remember the judgements and understand crux of it)

Judgements           Observation

Lata Singh vs State of UP (2006) Shafin Jahan vs Asokan KM (2018)    An adult person has the right to marry a person of their choice under Article 21.
KS Puttaswamy vs Union of India                       The rights of LGBTQ persons cannot be construed as being “so-called rights”, but are real rights founded on sound constitutional doctrine
Navtej Singh Johar & Ors vs UOIThe members of the LGBTQ community are entitled to the “full range of constitutional rights including the liberties protected by the Constitution”. The choice of whom to partner, the ability to find fulfilment in sexual intimacies and the right not to be subjected to discriminatory behaviour are intrinsic to the constitutional protection of sexual orientation
DICS Branches

Our Branches

DICS Ahmedabad


(Head Office)

Address : 506, 3rd EYE THREE (III), Opp. Induben Khakhrawala, Girish Cold Drink Cross Road, CG Road, Navrangpura, Ahmedabad, 380009.

Mobile : 8469231587 / 9586028957

Telephone : 079-40098991



Address: A-306, The Landmark, Urjanagar-1, Opp. Spicy Street, Kudasan – Por Road, Kudasan, Gandhinagar – 382421

Mobile : 9723832444 / 9723932444


DICS Vadodara


Address: 2nd Floor, 9 Shivali Society, L&T Circle, opp. Ratri Bazar, Karelibaugh, Vadodara, 390018

Mobile : 9725692037 / 9725692054


DICS Surat


Address: 403, Raj Victoria, Opp. Pal Walkway, Near Galaxy Circle, Pal, Surat-394510

Mobile : 8401031583 / 8401031587


DICS New Delhi

New Delhi

Address: 53/1, Upper Ground floor, Near Popular juice, Old Rajinder nagar, New Delhi -60

Mobile : 9104830862 / 9104830865