अन्य

Same-sex marriage’s legal recognition in India: What the petition in the SC says

The Supreme Court to hear the batch of petitions seeking legal recognition of same-sex marriages in India. The bench set up by Chief Justice of India (CJI) DY Chandrachud also includes Justices Sanjay Kishan Kaul, Ravindra Bhat, Hima Kohli, and PS Narasimha.

Earlier on March 13, the apex court referred the pleas to the Constitution bench, stating the matter raised questions of “seminal importance”. In its reference order, a three-judge bench headed by the CJI said the submissions on the one hand involve the interplay between constitutional rights, and specific legislative enactments (including the Special Marriage Act), besides the rights of transgender couples, on the other hand.

One of the pleas here revolved around a same-sex couple, Supriyo and Abhay, who met in in December 2012. After introducing each other to their parents, the couple decided to have a “wedding-cum-commitment ceremony” to celebrate their relationship with their loved ones. But at the end of the day, the ceremony was just that.

Their plea says that despite having built a life together since then, they do not enjoy any of the rights that married couples do, even though the apex court has repeatedly declared that all adults have a right to marry a person of their choice.

Further, the right to adopt or have children by or assisted reproductive technology or the automatic rights to inheritance, maintenance, and tax benefits are currently given only to married couples. They are also entitled to benefits under a host of employment statutes. Additionally, the state’s protection of a spouse continues even after death as a widow or widower, or their children can avail of pension or compassionate appointments, the plea argues.

The plea also states that the couple will not be able to avail of the legally accrued benefits tendered from laws such as the Transplantation of Human Organs Act, as it only allows near relatives to object to the use of a deceased’s body for therapeutic purposes or organ donation. Similarly, Section 80 of the Income Tax Act, 1961, provides for the deduction of certain sums for computing the total income of an assessee, when such sums are paid on behalf of a spouse.