The Supreme Court on Monday referred the
pleas seeking legal validation of same-sex marriages to a five-judge constitution
bench for adjudication, saying the issue is of "seminal
importance".
A bench headed by Chief Justice D Y 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.
"We are of the considered view that it would be
appropriate if the issues raised are resolved by a bench of five judges with
due regard to Article 145 (3) of the Constitution. Thus, we direct the matter
be placed before a five-judge Constitution bench," said the bench, also
comprising Justices PS Narasimha and JB Pardiwala.
The court posted the matter for arguments on April 18
and said the proceedings will be live-streamed as is done in case of hearings
before the constitution benches.
Appearing for the Centre, Solicitor General Tushar
Mehta, urged the court to not cut short the arguments of either side, saying
the verdict will affect the society as a whole.
The Centre has opposed in the top court a batch of
petitions seeking legal validation of same-sex marriages, claiming they will
cause a complete havoc with the delicate balance of personal laws and accepted
societal values.
In an affidavit filed before the apex court, the
government submitted that despite the decriminalisation of Section 377 of the
Indian Penal Code, the petitioners cannot claim a fundamental right for
same-sex marriage to be recognised under the laws of the country.