Supreme Court refers petitions seeking same-sex marriage recognition to Constitution Bench

The Supreme Court sent petitions seeking recognition of same-sex marriage to a five-judge Constitution bench, which will begin considering the case on April 18.

This comes a day after the Centre while opposing the petitions, told the Supreme Court that the "legislative understanding of marriage in the Indian statutory and personal law regime" refers only to marriage between a biological man and biological woman — and any interference "would cause a complete havoc with the delicate balance of personal laws in the country and in accepted societal values".

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"We are of the view that it would be appropriate if the issues raised are resolved by the bench of five judges of this court with due regard to A 145(3) of the Constitution. Thus, we direct it to be placed before a constitution bench, said CJI DY Chandrachud.

Urging the court to leave the issue to Parliament, the Centre asserted that any “recognised deviation…can occur only before the competent legislature”. It also said that “despite the decriminalisation of Section 377 of the Indian Penal Code (IPC), the Petitioners cannot claim a fundamental right for same-sex marriage to be recognised under the laws of the country”.