"Govt may want to address operational issues...": Advocate Sai Deepak after SC verdict on same-sex marriage

New Delhi [India], October 17 : Commenting on the Supreme Court judgement refusing to recognise same-sex marriage, Advocate J Sai Deepak on Tuesday said that the "central government may want to look at the kind of operational issues it can address" without opting for legislative amendments of the Special Marriage Act (SMA).
Advocate Sai Deepak, representing respondent Bharatiya Stree Shakti said that the government as well as the Parliament may constitute a committee.
"I think the other side may prefer a review or a reference on certain legal questions, I am not sure of it though. I think the Government may want to look at what kind of operational issues it can address without going for legislative amendments of the SMA (Special Marriage Act) because ultimately on the question of legislative amendments of SMA because it involves the question of revisiting the institution of marriage," he said.
He further said, "The in-between measure could be that it recognises certain civil unions without giving it the same status as marriage and also has a different regime if they wish to adopt. Child Health experts will have to be considered. I think the Government as well as the Parliament may perhaps constitute a committee."
On the aspect of adoption, Sai Deepak highlighted the need for more input from subject matter experts.
"I am not going to take a position that there should be no final decision on the point. However, I think we need more input from subject matter experts. On the basis of whatever was presented in the court by representatives of the Government and other parties, and I represented a women's rights organisation as well as a child rights organisation - they were of the view that in order for a child to grow in a healthy manner it must have both the male and a female influence. On these matters, it is important to listen to the experts," he said.
He added, "As far as the larger question of marriage is concerned, so far legislations have treated marriages as an institution which is meant for heterosexual males and females. If they really want to recognise non-heterosexual marital unions, they may want to come out with a separate regime altogether as opposed to diluting definitions of man and woman as they are understood currently in these legislations. That would be my limited suggestion."
Solicitor General of India Tushar Mehta has welcomed Tuesday's Supreme Court's judgement refusing to recognise the legality of same-sex marriages.
"I wholeheartedly welcome the judgment. I am happy that my stand has been accepted. All four judgements have taken the jurisprudence of our nation and the intellectual exercise that went into writing the judgments to the next level. There are very few courts in the world where one can expect this level of intellectual and scholarly judicial exercise. This judgement would be read across jurisdictions," Tushar Mehta said while speaking to ANI after the top court's verdict.
Mehta, who argued on behalf of the Centre said that the case was beyond the scope of the Supreme Court and fell within the domain of Parliament. He further said that apex court's judgement balances the interests of individuals with the interests of a civilised society.
"It is an important step in jurisprudential development on the question of separation of powers and provides vivid and eloquent insights into the working of the Parliament, the Executive and the Judiciary which functions complimenting each other strictly as per the Constitution," the Solicitor General of India said.
Activist Anjali Gopalan, who was among the petitioners in the case said that the Supreme Court verdict was disappointing.
"We have been fighting for long and will keep doing so. Regarding adoption also nothing was done. What the CJI said was very good regarding adoption, but it's disappointing that other justices didn't agree...this is democracy but we are denying basic rights to our own citizens," Gopalan said.
Another petitioner and LGBTQIA+ rights activist Harish Iyer said that although the verdict was not in their favour, many observations by the Supreme Court were made in the favour of the community.
"They have also put the responsibility on the Central government and the Central Government's Solicitor General said so many things against us so it is important for us to go to our elected government, MPs and MLAs and tell them we are as different as two people. War is underway...it might take some time but we will get societal equality," Iyer said.
The activist's plea was among the 21 petitions seeking legal validation for same-sex marriages that were heard by the Supreme Court today.
On the top court judgement, Advocate Karuna Nundy said that although there were four separate judgements but anything that was unanimous, was that the rights of queer citizens must be protected and state government can protect them.
The bench comprising Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and PS Narasimha delivered the verdict it had reserved on May 11 this year.
Activists and those from the LGBTIQA+ community were hoping for a decision in their favour while there were some other activists who were rooting for the Supreme Court's current verdict as according to them legalising same-sex marriage would have distorted the social fabric of the country.