Editor's Pick: Constitution Bench to hear same-sex marriage pleas

A Bench led by Chief Justice of India D.Y. Chandrachud referred petitions seeking legal recognition of same-sex marriages to a Constitution Bench on Monday, but took the time to soothe the government’s anxiety about how such a move would affect Indian “social ethos”. The three-judge Bench, also comprising Justices P.S. Narasimha and J.B. Pardiwala, invoked Article 145(3) of the Constitution to refer the case to a Constitution Bench. Growing up with lesbian or gay parents will not necessarily make a child lesbian or gay, the Supreme Court observed on Monday, as it confronted the government’s concern about the “psychological” impact same-sex marriages may have on children. The Centre, however, denied any stigma attached to same-sex relationships. “The question here is whether this relationship, as part of right to dignity, can be given recognition by the state,” Solicitor-General Tushar Mehta said. Chief Justice Chandrachud said the case involved an “interplay” between constitutional rights of life, liberty, dignity, equal treatment of members of the LGBTQ+ community on one side and specific statutory enactments that consider only a married union between a biological man and woman on the other. The petitioners argued that the court’s judgment in the Navtej Singh Johar case in 2018, while decriminalising homosexuality, had also upheld the individual right to family and choice of partners. The court has listed the case for final arguments on April 18. The hearing will be livestreamed. Law Minister Kiren Rijiju, meanwhile, said the Centre is not “disturbing” the personal freedom and activities of an individual, but the institutions of marriage is a matter of policy. Check out The Hindu explainer on pleas seeking to recognise same-sex marriage and the existing rights of LGBTQIA+ people in India. Was this newsletter forwarded to you? 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Chandrachud [referred petitions seeking legal recognition of same-sex marriages to a Constitution Bench]( on Monday, but took the time to soothe the government’s anxiety about [how such a move would affect Indian “social ethos”.]( The three-judge Bench, also comprising Justices P.S. Narasimha and J.B. Pardiwala, invoked Article 145(3) of the Constitution to refer the case to a Constitution Bench. [Growing up with lesbian or gay parents will not necessarily make a child lesbian or gay]( the [Supreme Court observed on Monday,]( as it confronted the government’s concern about the “psychological” impact same-sex marriages may have on children. The Centre, however, denied any stigma attached to same-sex relationships. “The question here is whether this relationship, as part of right to dignity, can be given recognition by the state,” Solicitor-General Tushar Mehta said. Chief Justice Chandrachud said the case involved an “interplay” between constitutional rights of life, liberty, dignity, equal treatment of members of the LGBTQ+ community on one side and specific statutory enactments that consider only a married union between a biological man and woman on the other. The petitioners argued that the court’s judgment in the Navtej Singh Johar case in 2018, while [decriminalising homosexuality, had also upheld the individual right to family and choice of partners.]( The court has listed the case for final arguments on April 18. The hearing will be livestreamed. Law Minister Kiren Rijiju, meanwhile, said [the Centre is not “disturbing” the personal freedom]( and activities of an individual, but the institutions of marriage is a matter of policy. Check out [The Hindu]( on pleas seeking to recognise same-sex marriage]( and the existing rights of LGBTQIA+ people in India. Was this newsletter forwarded to you? 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