Same-Sex Marriage: A Timeline Of How The Case Reached India's Apex Court (Image: Pixabay)
The Supreme Court delivered its significant verdict on the legal recognition of same-sex marriage today, on October 17. The apex court refused to grant constitutional validity to same-sex marriages by a 3-2 majority and stated that it is the legislature’s discretion to consider the matter.
On May 11, a five-judge Constitution bench reserved its verdict after hearing a batch of 20 petitions, which lasted 10 days. The hearing started on April 18. The Constitution bench is headed by Chief Justice D Y Chandrachud, and it includes Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and P S Narasimha. On the other hand, the central government stood against legalising same-sex marriage. The Centre highlighted the importance of legal stability and continuity, arguing that any modifications may trigger societal instability. Here’s the timeline of complete events to this case.
November 25, 2022: Seeking the recognition of same-sex marriages under the Special Marriage Act, two gay couples, Supriyo Chakraborty and Abhay Dang, and Parth Phiroze Mehrotra and Uday Raj Anand, approached the Supreme Court. The petitions urged that the Special Marriage Act should be made gender neutral. Following this, the Supreme Court issued a notice and sought responses from the Centre and the Attorney General for India.
December 14, 2022: The apex court issued notices for another plea filed by a same-sex couple. The petitioner, who got married to a US citizen, sought legal recognition of marriage under Foreign Marriage Act.
January 6, 2023: The Supreme Court directed that all pleas before High Courts across India, seeking the legal recognition of same-sex marriage, should be transferred to itself. There were similar petitions before various high courts, including Delhi, Gujarat, and Kerala. The Supreme Court consolidated all cases and posted the hearing for March 13, 2023. The Supreme Court also issued notices on more similar petitions later and tagged those with the main case.
March 12, 2023: The central government filed an affidavit before the top court opposing same-sex marriage. The Centre stated that traditional concept of an Indian family involves a union between a biological man and woman.
March 13, 2023: The Supreme Court referred the case to a constitutional bench. The three-judge bench, headed by Chief Justice DY Chandrachud, said that this matter raises questions of “seminal importance”.
April 1, 2023: A religious body named Jamiat Ulama-I- Hind opposed pleas seeking legal recognition of same-sex marriages, citing Islam”s prohibition of homosexuality.
April 6, 2023: The Delhi Commission for Protection of Child Rights (DCPCR) filed an intervention application supporting same-sex marriages.
April 15, 2023: The Supreme Court notified the composition of the five-judge bench to hear the petitions to this matter.
April 17, 2023: The centre filed a fresh application, questioning the maintainability of the batch of pleas. The Centre mentioned in its application that same-sex marriages cannot be recognised through judicial adjudication. Meanwhile, NCPCR sought to intervene in pleas. The NCPCR stated that children raised by same-sex parents may have limited exposure to traditional gender role models, which may impact their understanding of gender roles and identity.
April 18, 2023: The Constitution bench started hearing the batch of pleas.
April 27, 2023: The Supreme Court requested the central government to give a response regarding social benefits for same-sex couples, even without legal recognition of marital status.
May 10, 2023: Rajasthan opposed same-sex marriage. Six other states asked for more time to examine the issue.
May 11, 2023: The Constitution bench of the Supreme Court, led by Chief Justice DY Chandrachud, reserved its verdict.
October 17, 2023: The Supreme Court refused to recognise same-sex marriage within the country.
