SC seeks response of Centre on pleas seeking recognition of marriage involving gay couple

The Supreme Court on Friday issued notice to the Centre and Attorney General R Venkataramani on two pleas by gay couples seeking a direction that their marriage be recognised under the special marriage law.

A bench comprising Chief Justice D Y Chandrachud and Justice Hima Kohli heard the brief submissions of senior advocate Mukul Rohatgi before issuing the notices on the pleas.

“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.

The pleas sought direction seeking recognition of the marriage of two gay couples under the the Special Marriage Act.

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, and transgender and Queer).

The plea said that non-recognition of same-sex marriages is violative of right to equality and right to life under articles 14 and 21 of the Constitution. A five-judge Constitution bench of the Supreme Court in 2018 had unanimously decriminalised part of the 158-year-old colonial law under Section 377 of the IPC which criminalises consensual unnatural sex.