Same Sex Marriage Hearing: ‘We can make the basis of the decisive decision given by the Supreme Court of Britain. One can creatively interpret the Special Marriage Act to give rights to same-sex couples. Those who are already living in relationships like marriage in stable bonds. This was said on behalf of the bench on Thursday (April 20) during the ongoing hearing in the Supreme Court regarding same-sex marriage.
In fact, senior advocate Abhishek Manu Singhvi, appearing for the petitions filed to legalize same-sex marriage, referred to the 2004 decision of the London Court in the argument. Citing a related case, he said that under no circumstances can the state discriminate between heterosexual and homosexual couples. Even if the matter was of tenancy dispute.
What argument did Abhishek Manu Singhvi give?
Citing the London court judgement, senior advocate Abhishek Manu Singhvi said that “the UK Supreme Court had said that what matters most is the intimacy of a marriage, stability and social and financial interdependence.” .. Homosexual relationships can have the same qualities of intimacy, stability, and interdependence as heterosexual relationships.” He said that this decision of the UK court proved to be a milestone and became known for the rights of gay people.
Singhvi said that the petitioners only want a decision from the Supreme Court that same-sex couples should also get the right to equality under the Indian Constitution. Same-sex couples should not be prevented from marrying and should have the same rights as other couples.
Supreme Court agreed
The Supreme Court seemed to agree with this argument given by the petitioners. A bench of Chief Justice of India (CJI) DY Chandrachud, Justice SK Kaul, Justice SR Bhat, Justice Hima Kohli and PS Narasimha said that looking at India constitutionally and socially, we have already reached the intermediate stage. The decriminalization of homosexuality represents an intermediate stage. Decriminalizing homosexuality only takes into consideration that same-sex people can be in a stable, marriage-like relationship.
It was said on behalf of the bench that at the time we removed section 377 of the IPC from the category of crime. We have crossed a stage. Now the next question is whether any law can recognize not only a relationship like marriage, but also emotionally stable relationships.
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