Supreme Court says recognising same-sex marriage up to legislature; but asks Centre to devise means to confer rights without marriage label

The Supreme Court on Thursday said that granting legal recognition to same-sex marriages falls within the domain of legislature but the Court's objective in hearing the same-sex marriage case is to ensure that means are devised to grant same-sex couples social and other benefits and legal rights without the label of marriage..At least three judges on the Constitution bench echoed this view during the hearing of the petitions seeking recognition of same-sex marriages which has been progressing before the top court for the past two weeks. Chief Justice of India (CJI) DY Chandrachud, who heads the bench, said that the bench was not inclined to go into marriage at all but was more on the right of two persons of the same sex to cohabit and giving legal recognition to the same."Once you recognise there is a right to cohabit.. and it may be symptomatic of a sustained relationship.. and once you say that right to cohabit a fundamental right, then it is the obligation of the state that all social impact of the cohabitation has a legal recognition.. we are not going into marriage at all," the CJI said.This was in response to the submission by Solicitor General Tushar Mehta, representing the Central government, that while same-sex persons have the fundamental right to cohabit, choose a partner etc, the same cannot be given the label of marriage."Right to love, right to cohabit, right to choose a partner, right to have a sexual orientation is a fundamental right but there is no fundamental right to seek recognition of that relationship as a marriage or in any other name," the SG said.Justice PS Narasimha suggested that recognition need not be recognition as a marriage but can be recognition that entitles same-sex couple to certain benefits."When we say recognition, it need not be recognition as marriage. It may mean recognition which entitles them to certain benefits. The association of two people need not be equated to marriage," he said.Justice S Ravindra Bhat also expressed similar views. "Not marriage but some label is needed," he said..CJI Chandrachud said that the government was being pushed to address this issue due to the fact that if the judiciary enters this arena, it would become a legislative issue. The CJI questioned what the government intends to do with regard to cohabitory relationships and how it plans to create a sense of security and social welfare for such relationships. The CJI further emphasized the importance of ensuring that people in such relationships are not ostracized.."Why we are pushing the government is because we understand your point that entering this arena will require legislation. So now what? What does the government want to do with cohabitory relations? And how can a sense of security and social welfare be made to ensure that such relations are not ostracized?" he questioned..SG Mehta said that the Centre could assist in the removal of these problems or difficulties but could not grant any legal recognition or status (of marriage)."The modality adopted is important since the term used can also be partner.. if not that then it may be counter productive," Justice Bhat opined.To this, the CJI said that the SG could discuss this with the appropriate authority and get back to the Court on May 3, the next date of hearing in the case."We request you to assist us in a non adversarial manner," the CJI said.Read more about today's hearing here..[Watch the entire hearing here].Read live updates from the hearing here.Live tweets from hearing below.

Supreme Court says recognising same-sex marriage up to legislature; but asks Centre to devise means to confer rights without marriage label

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