
Constitution Bench formed in same-sex marriage case
The HinduThe Supreme Court on April 15, 2023 announced the formation of a new Constitution Bench headed by Chief Justice of India DY Chandrachud to hear a series of petitions seeking legal recognition of same sex marriages. In the previous hearing, the Chief Justice had taken care to soothe the government’s anxiety about how same sex unions may “affect” the Indian “social ethos”. Chief Justice Chandrachud had said the case involved an “interplay” between constitutional rights of life, liberty, dignity, equal treatment of members of the LGBTQ+ community memberson one side and specific statutory enactments which considers only a married union between a biological man and woman on the other side. Senior advocates AM Singhvi, Neeraj Kishan Kaul, Menaka Guruswamy, advocates Arundhati Katju and Govind Manoharan, for petitioners, said the “right to life includes dignity of choice and family, marriage, procreating and sexual orientation”. Mr. Kaul referred to the apex court’s judgment upholding privacy as a constitutional right, submitting that the right to privacy of same-sex couples involves “making vital, personal choices, including the right to marry”.
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