SC transfers to itself all pleas pending before different High Courts on recognition of same-sex marriages

The counsels for multiple petitioners told the bench that they want the top court to transfer all the cases to itself for an authoritative pronouncement on the issue

The Supreme Court on January 6  clubbed and transferred to itself all pleas pending before different High Courts with regard to legal recognition to same-sex marriages. It also asked the Centre to file its reply to pleas on same-sex marriage by February 15, while directing all petitions to be listed by March.

A bench of Chief Justice D.Y. Chandrachud and Justices P.S. Narasimha and J.B. Pardiwala asked the counsel for the Centre to ensure that no petitioner is left out and details of all the petitions be incorporated in the compilations to be made.

The counsels for multiple petitioners told the bench that they want the top court to transfer all the cases to itself for an authoritative pronouncement on the issue and Centre can file its response before the top court

Last year, on November 25, the top court had sought the government’s response to pleas to allow solemnisation of same-sex marriage under the Special Marriage Act.

Meanwhile, an ongoing hearing in the Delhi High Court on a batch of petitions to recognise same-sex marriage had been deferred on December 6 last year, to be heard on April 24 this year.

Earlier, the Centre had opposed any changes to the existing laws on marriage to recognise same-sex marriage saying such interference would cause “a complete havoc with the delicate balance of personal laws in the country”.

The Supreme Court had decriminalised homosexuality in 2018, urging the LGBTQ+ community to forgive history for their “brutal” suppression.