Five judges bench headed by Chief Justice constituted on same-sex marriage issue I LU-39

Описание: After the decriminalisation of Section 377 of the Indian Penal Code, the petitioners filed petition in The Supreme Court seeking legal recognition for same sex marriages to be recognised under the laws of the country,

Describing it as a matter of “seminal” importance, a three-judge Bench led by the CJI had on March 13 referred the petitions seeking legal recognition for same sex marriages to a five-judge Constitution Bench
Chief Justice constituted the Five judges bench headed by Chief Justice D Y Chanderchud
The other four judges on the Constitution Bench are:
Justice Sanjay Kishan Kaul, Justice S Ravindra Bhat, Justice PS Narasimha and Justice Hima Kohli
The Constitution Bench will commence the hearing on April 18 on the contentious issue having wider long-term ramifications for the society.
The parties raised the rival contentions before the three judges bench
The centre through the affidavit stated that though the Centre limits its recognition to heterosexual relationships, there may be other forms of marriages or unions or personal understandings of relationships between individuals in a society and these “are not unlawful”.
On behalf of the Centre, Solicitor General Tushar Mehta had opposed the petitions, saying it should be left to Parliament to take a call on the contentious issue. He asked the Supreme Court not to omit the attorney's submissions, as the judgment would affect society as a whole. We have a very heavy responsibility for how it develops," Mehta said.
Senior Attorney Neeraj Kishan Kaur said on behalf of some petitioners that the Special Marriage Act would be harmoniously interpreted to allow same-sex marriage, or that courts would rely on Nabtej Singh Johar's ruling. He said he would either accept same-sex marriage.
Jamiat Ulama-i-Hind has sought to intervene in the matter to oppose it. “This concept of same-sex marriage goes to attack the family system rather than making a family through this process,” Jamiat said in an intervention application filed in the top court.

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