Two men petition SC for Special Marriage Act's recognition of same-sex marriages
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New Delhi: Two gay men from Hyderabad have filed a new PIL with the Supreme Court of India asking for the Special Marriage Act, 1954 to recognise same-sex unions. The case will be heard today by a Supreme Court bench headed over by Chief Justice DY. Chandrachud.
Supriyo Chakraborty and Abhay Dang, the petitioners, have been together for almost ten years. Both lovers and their families experienced the frailty of life as a result of the pandemic. During the second wave, they both contracted COVID. After they had recovered, they decided to celebrate their marriage with all of their loved ones by having a wedding-cum-commitment ceremony on their ninth anniversary. In December 2021, they held a ceremony where their parents, relatives, and friends blessed their love.
The Special Marriage Act, according to the petitioners, violates the Indian Constitution in that it treats same-sex couples differently than opposite-sex couples by denying them both legal rights and the social respect and prestige that come with marriage, Live Law reported.
According to the petitioners, the Indian Supreme Court has always upheld couples' freedom to marry someone of any caste or religion. This constitutional process is continued by same-sex marriage. The Supreme Court has ruled in the instances of Navtej Singh Johar and Puttaswamy that LGBTQ+ people have the same constitutionally guaranteed rights to equality, respect, and privacy as other citizens. Now, petitioners contend that LGBTQ+ citizens should likewise have the freedom to marry whomever they choose.
Presently, nine cases for recognition of same-sex marriage under the Special Marriage Act, Foreign Marriage Act, and Hindu Marriage Act are pending in the Delhi High Court and Kerala High Court. The Ministry is taking procedures to have all the writ petitions transferred to the Supreme Court, according to a statement the Deputy Solicitor General made earlier this month before the Kerala High Court. Lawyers Arundhati Katju, Priya Puri, and Shristi Borthakur drafted the petition (Supriyo @ Supriya Chakraborty & Anr. v. Union of India), and senior advocates Neeraj Kishan Kaul and Menaka Guruswamy will present their arguments.