A constitution bench of the CJI DY Chandrachud, Justices Sanjay Kishan Kaul, S Ravindra Bhat, PS Narasimha and Hima Kohli on Tuesday began hearing the petitions seeking legal validation of the same-sex marriage. It comes four years after an apex court bench of similar strength had struck down Section 377 of the IPC, decriminalising same-sex relations.
However, same-sex couples later found trouble with basic things which are easily available to any heterosexual couple in the country. This includes- registration of marriage, spouse insurance, participation in welfare schemes, adoption of a child and many more.
This led to pleas by two gay couples seeking recognition of same-sex marriage under the Special Marriage Act. This means that the couples sought legalisation under Indian law and validation of the marriage between two consenting adults of the same gender.
Senior adv Maneka Guruswamy is appearing for petitioner Aditi Anand with regard to the SMA and also appearing for the child rights body, Delhi Commission for protection of child rights (DCPCR), who has filed an implement application in this case. They too are seeking legal recognition of same-sex marriages and would like to assist the court on aspects such as the impact of such marriages on children.