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Same Sex Marriage Case: Constitution bench of 5 judges to hear same-sex marriage case

By Renu Mishra 
Updated Date

New Delhi. On the gay marriage case, the Supreme Court has said that there will be live streaming on this matter on 18 April. And a constitution bench of 5 judges will hear the matter. A three-judge bench headed by the Chief Justice has recommended that the matter be referred to the constitution bench.

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The petitioners were given three weeks to file a reply to the Central Government’s affidavit. Opposing the petitions, the Center told the Supreme Court that it was ‘not in consonance with social morality and Indian ethos’.

Solicitor General Tushar Mehta said that our affidavit states that the ‘legislative understanding of marriage in the Indian statutory and personal law regime’ refers only to a marriage between a biological man and a biological woman. Any interference in this would pre-destruct the delicate balance of personal laws and accepted social values.

Solicitor General Tushar Mehta said that the right to freedom of love, expression and choice is already intact. No one is interfering in that right. It is also clear that it does not mean to recognize the right to marry.

He said that the moment gay marriage will be recognized, many questions can arise from it. This will raise the question of adoption of a child and therefore the Parliament will have to look into the issue of psychology of the child. He has to check whether it can be raised in this way or not. On this, the Supreme Court said that it is not necessary for a child adopted by a gay couple to be gay.

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