A five-judge Constitution bench headed by Chief Justice of India D Y Chandrachud was faced with several consequential legal questions, such as adoption, succession, intestacy and laws governing pension and gratuity where a once legally-acknowledged spouse is the beneficiary, if it decides to legalise same-sex marriage.
The Supreme Court Thursday said it may be redefining the "evolving notion of marriage" as the next step after decriminalising consensual homosexual relationship which implicitly recognised that same-sex people could live in a stable, marriage-like relationship.
The Centre has opposed in the Supreme Court a batch of pleas seeking legal validation of same sex marriage, saying it would cause a complete havoc with the delicate balance of personal laws and in accepted societal values.
Directing the Centre, states and Union Territories (UTs) to ensure the queer community is not discriminated against, the CJI, who is heading the constitution bench, said queer is a natural phenomenon known for ages and is neither urban nor elitist.
The Centre on Wednesday requested the Supreme Court to consider leaving questions raised in the pleas seeking legal sanction for same sex marriages to Parliament.
Solicitor General Tushar Mehta said the plea to grant recognition to or permit registration of such marriages was "not permissible" for two reasons -- firstly, the petition was asking the court to legislate and secondly, any relief granted "would run contrary to various statutory provisions".
The state cannot discriminate against an individual on the basis of sexual characteristic over which the person has no control, the Supreme Court said on Wednesday, asserting the Centre has no data to back up its claim that the concept of same-sex marriage is 'elitist' or 'urban'.
The Delhi High Court Tuesday directed the Centre to respond to a plea by LGBTQ couples who are seeking live streaming of proceedings on a batch of petitions to recognise same-sex marriages under the special, Hindu and foreign marriage laws on the ground that the matter is of great national and Constitutional importance.
It also said that judicial interference will cause "complete havoc with the delicate balance of personal laws".
A bench headed by Chief Justice DY Chandrachud said the submissions on the issue involve an interplay between constitutional rights on the one hand and special legislative enactments, including the Special Marriage Act, on the other.
The court was informed that though the government's affidavit has been filed, it was not on record.
The Centre told the Supreme Court on Wednesday any constitutional declaration made by it on pleas seeking legal validation for same-sex marriage may not be a "correct course of action" as the court will not be able to foresee, envisage, comprehend and deal with its fallout.
Petitioner Abhijit Iyer Mitra and three others have contended in the petition that marriages between same sex couples are not possible despite the Supreme Court decriminalising consensual homosexual acts.
The public prosecutor has accused Alves of forcing the woman to have sex without her consent and without using a condom. The 23-year-old woman testified behind a screen with her voice distorted to protect her identity.
Four more people belonging to the gay and lesbian community urged the Delhi high court on Thursday to declare that marriages between any two persons irrespective of their sex be solemnised under the Special Marriage Act (SMA).
Justice S K Panigrahi also raised questions about whether rape laws should be used to regulate intimate relationships, especially in cases where women enter into a relationship by choice.
The Supreme Court on Tuesday set aside an order of the Calcutta high court in which it acquitted an accused in a sexual assault case and made 'objectionable' observations advising adolescent girls to 'control sexual urges'.
The three-judge panel denied a request by Alves's lawyer Ines Guardiola for the trial to be suspended on the basis that he was not given enough time to prepare for his first police interview after his arrest and had suffered a parallel trial by media.
While that created a stir so did the decision on his penultimate day at work with the Supreme Court rechristening its summer vacation "partial court working days", an issue that has led to criticism that the apex court judges enjoyed long breaks.
Justice Sanjiv Khanna, who has been part of several landmark Supreme Court judgements such as scrapping the electoral bonds scheme and upholding abrogation of Article 370, will be sworn in as the 51st Chief Justice of India on Monday.
It also suggested that the IPC provision related to adultery should be retained in the Sanhita by making it gender neutral "for the sake of protecting the institution of marriage".
Section 497 supports, safeguards and protects the institution of marriage, the SC said.
The bench said the law in question was only 'targetting' married women and not the men who can have relationships with unmarried women, widow and married women with the consent of their husbands.
'We want to send Indians on the moon and create history, but we don't want to accept the reality that is happening on earth.'
A bench of Justices Abhay S Oka and Pankaj Mithal said the observations are completely in violation of the rights of adolescents under Article 21 of the Constitution.
The Delhi high court on Wednesday delivered a split verdict with one of the judges favouring striking down the provision, and the other holding it was not unconstitutional.
The Supreme Court said on Friday it will hear on May 2 the matter involving a Calcutta high court verdict wherein the judges had advised adolescent girls 'to control sexual urges'.
'When that happens, it will be a landmark day for all of us. That will mean something to us.'
Alves had previously denied any sexual encounter with the woman who filed a complaint in January about an alleged sexual assault in a restroom at an exclusive Barcelona nightclub.
"We are here together for people of Maharashtra. A government was formed in the state without a majority. Karnataka, Goa, and Manipur, BJP didn't have majority anywhere but formed a government," said the NCP chief.
The Supreme Court on Thursday observed that certain paragraphs in a Calcutta high court verdict, which advised adolescent girls to "control sexual urges", were "problematic" and writing such judgments was "absolutely wrong".
Dominic Xavier wonders when and if the courts will legalise same sex marriages in India.
In this weekly self-help series, mental health and life coach Anu Krishna tells you how to take control of your life.
According to a United Nation Women report, most of these 34 countries were developing nations including Pakistan, China, Bangladesh, Myanmar, Sri Lanka, Haiti, Laos, Mali, Senegal, Tajikistan and Botswana.
'Their role model is Iran: high control of the citizens by the State.' In Iran it is Islamic control; in India, it will be Hindutva control.'
Observing that an environment has been created in the Indian society over the years that has led to deep-rooted discrimination against the community, a five-judge constitution bench, hearing petitions seeking decriminalisation of 158-year-old colonial law under Section 377 of the Indian Penal Code, said discrimination against such people has also adversely impacted their mental health.
The Delhi high court on Wednesday said there was an anomaly and misalignment in the erstwhile Section 377 of the Indian Penal Code, which was decriminalised by the Supreme Court in 2018, and the rape law that protects a husband from prosecution for a non-consensual sexual act, including unnatural sex, with his wife.
The top court said the distinction between married and unmarried women under the abortion laws is "artificial and constitutionally unsustainable" and perpetuates the stereotype that only married woman are sexually active.
The three-member Collegium, headed by Chief Justice of India D Y Chandrachud and also comprising Justices S K Kaul and K M Joseph, said the proposal for appointment of Kirpal as a judge of the high court has been pending for over five years and needs to be processed expeditiously.
She also spoke about the need to appoint a full-time head for the state commission for women.
