The Supreme Court on November 25 sought the Centre’s response on including ‘same-sex marriage’ under the Special Marriage Act, 1954. 

A Bench of Chief Justice of India D Y Chandrachud and Justice Hima Kohli issued separate notices to the Union Government and Attorney General R Venkataramani on two pleas by gay couples seeking a direction that their ‘marriage’ be recognised under the special marriage Act.

“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. 

One plea was filed by gay couple Supriyo Chakraborty and Abhay Dang who live in Hyderabad. The second plea was filed by gay couple Parth Phiroze Mehrotra and Uday Raj.

They seek a direction that the right to marry a person of one’s choice be extended to persons belonging to LGBTQ (lesbian, gay, bisexual, transgender, and Queer).

The plea claims that the non-recognition of ‘same-sex marriages’ is violative of the right to equality and the right to life under articles 14 and 21 of the Constitution. 

The Special Marriage Act, 1954 provides a civil form of marriage for couples who cannot marry under their personal law.

The Special Marriage Act was enacted to facilitate the marriage of couples professing different faiths and preferring a civil wedding. The marriage of any two persons may be solemnized under the Act, subject to the man having completed 21 years of age and the woman 18.

The Court also transferred various pending cases before various High Courts including Kerala and Delhi to itself. The government too had said in the High Courts that the Supreme Court should take up this issue.