Same Sex Symbiosis : Apex Court Expects Government response

Same sex marriage is a new life style category which is omnipresent under the sun. Supreme Court explores government response on the inclusion of same-sex marriage within the Special Marriage Act.

The CJI D.Y. Chandrachud, heading a two-judge Bench transfers to itself the petitions pertaining to same-sex marriages coming from different high courts.

As such the ground reality of India shows the picture of homosexuality being decriminalized in India, nevertheless the same-sex marriage still is not legal in here.

Today on Friday, the Supreme Court ought the government’s response to the pleas which demand permission of solemnization of same-sex marriage within the Special Marriage Act.

The Act of 1954 or The Special Marriage Act provides a civil form of marriage for the couples unable to get married under their personal law.

Justice D.Y. Chandrachud and Justice Hima Kohli, as a Bench of Chief Justice of India, agrees to hear the plea of the partners Supriyo and Abhay Dang. The two claim the non-recognition of same sex marriage amounted to the social discrimination which strikes in their life at the root of dignity along with self-fulfillment belonging to the natural platform of LGBTQ+ couples.

The two brave men, Supriyo and Abhay have been a couple living together for last 10 years. Both of them got COVID after the first wave was over during the pandemic days. After getting recovered, they planned to have a wedding-cum-commitment function on their ninth   anniversary for the celebration of their relationship.

Both of them cherished the love they have, with having a commitment ceremony in the year 2021 during the month of December and this ceremony was attended by their family friends and parents too.

Even after this, they find themselves unable to enjoy the rights of a married couple and this is what their plea points out.

They have argued through the petition that the Supreme Court of India has always been protecting the rights of the couples belonging to inter-caste and inter-faith categories in a relationship of their own choice.