India: Will form committee to address issues being faced by same-sex couples, govt tells SC

A five-judge Constitution Bench which comprises Chief Justice of India DY Chandrachud, Justice Hima Kohli, Justice PS Narasimha, Justice Sanjay Kishan Kaul and Justice S Ravindra Bhat is listening to a batch of petitions related to ‘marriage equality rights' for LGBTQIA+ community.

Appearing for the Centre, Solicitor General Tushar Mehta toldthe court that the government remains positive about the idea of adopting administrative steps in this regard.

"The issue has some genuine human concerns and there were discussions on whether something can be done administratively. The government is positive. This would need coordination by different ministries. A committee headed by a cabinet secretary will be formed and suggestions given by the petitioners will be addressed," Mehta said.

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Speaking to the bench, Mehta said that this would require coordination between various ministries and may need some time. He stated that the petitioners can provide their suggestions on what administrative steps can be adopted in this regard.

Replying to this, CJI Chandrachud said, "The petitioners can submit suggestions between today and the next hearing so that they can apply their minds as well to it."

However, senior advocate Abhishek Manu Singhvi told the bench that the matter is very complicated and it needs interpretation of the law. Justice Ravindra Bhat stated, "Sometimes beginnings are small".

Justice SK Kaul further added, "This is without prejudice to everyone's rights, even if marriage rights are granted, there will be many changes required in the legislative and administrative domain. The government is not reluctant to solve the problems arising from gay companionship, just not the label of marriage."

Meanwhile, senior advocate Menaka Guruswamy, who is appearing for the petitioners, said, "I speak here mostly for young people in the small towns who want to be married. Please do not leave them."

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After listening to the arguments, the CJI said that the Supreme Court, as a constitutional court, has an issue "if we go by what young people feel".

"If we entertain this argument, then the other side will throw at us what the country wants and we cannot go into that. This is a social institution which is evolving and the court, as a facilitator, can ensure that there is some development. If we don't recognize same-sex marriage, we do not want you to be with nothing in your hand," he added.

The court hearing continued on Wednesday for the seventh day. A batch of petitions is being heard that seek legal recognition of same-sex marriage in India.

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