SC Seeks Response of Centre on Pleas by Gay Couple Seeking Recognition of Same Sex Marriage

New Delhi: The Supreme Court on Friday issued notice to the Central government and Attorney General R Venkataramani on two petitions filed by gay couples seeking recognition of same-sex marriage under the Special Marriage Act, 1954.

A bench comprising Chief Justice DY Chandrachud and Justice Hima Kohli heard the brief submissions of senior advocate Mukul Rohatgi before issuing the notices on the pleas.

“Issue notice returnable in four weeks. Liberty to serve the central agency. Notice be also issued to the Attorney General for India,” the bench said.

The first petition was filed by Supriyo Chakraborty and Abhay Dang while the second plea was filed by Parth Phiroze Mehrotra and Uday Raj. The petitioners contended that the apex court held that members of the LGBTQ+ community have the same human, fundamental and constitutional rights as other citizens. However, the legal framework governing the institution of marriage in the country does not allow the members of LGBTQ+ community to enforce the fundamental right which has been guaranteed to them under our Constitution. 

Supriyo and Abhay, two gay men have been living in Hyderabad as a couple for almost 10 years. The pandemic brought the frailty of life home to both partners and their families. They both got infected with COVID-19 during the second wave of pandemic. When the gay couple recovered, they decided to have a wedding-cum-commitment ceremony on their 9th anniversary to celebrate their relationship in an intimate ceremony. They held a commitment ceremony in December 2021, in which they received blessings from their parents, family and friends.

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