Day 4: SC Constitution Bench conducts hybrid hearing on petitions seeking marriage equality
Apr 25, 2023
New Delhi [India], April 25 : The Supreme Court Constitution Bench on Tuesday conducted hearing in hybrid mode to hear various petitions seeking marriage equality as two judges in the bench joined the proceedings virtually.
The Constitution Bench comprising the Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul, Justice S Ravindra Bhat, Justice Hima Kohli and Justice PS Narasimha is dealing with a batch of petitions pertaining to 'marriage equality rights for LGBTQAI+ community'.
Chief Justice of India DY Chandrachud, who is heading the bench and Justice Hima Kohli and Justice PS Narasimha joined the proceedings in physical mode while Justice Sanjay Kishan Kaul and Justice SR Bhat joined the proceedings virtually.
"We have hybrid constitution bench hearing today," Chief Justice of India Chandrachud said while conducting the fourth day hearing on the matter.
"Justice Kaul is recovering and Justice Bhat tested positive on Friday. So thank you so much brothers for joining us," CJI said.
The hearing scheduled to be heard on April 24 was cancelled on account of the indisposition of two judges who are part of the five-judge bench.
Five judge bench headed by Chief Justice of India DY Chandrachud last week announced that the constitution bench will hear the various petitions seeking legal recognition of same-sex marriage will hear it from Monday to Friday.
The Constitution Bench has begun arguements on the matter from April 18.
Centre has opposed the petition seeking marriage equality. Various petitions are being dealt with by Supreme Court seeking legal recognition of same-sex marriage. One of the petitions earlier raised the absence of a legal framework which allowed members of the LGBTQ+ community to marry any person of their choice.
According to the petition, the couple sought to enforce the fundamental rights of LGBTQ+ individuals to marry any person of their choice and said that "the exercise of which ought to be insulated from the disdain of legislative and popular majorities."
The petitioners, further, asserted their fundamental right to marry each other and prayed for appropriate directions from this Court allowing and enabling them to do so.
