Same-sex marriage hearing in Supreme Court: what govt, petitioners said

The Supreme Court on 18 April 2023 held a hearing on petitions seeking validation of same-sex marriage.

The Narendra Modi government reportedly said that only the Parliament can be a forum for creation of a new social relationship.

The petitioners argued that they do not want to face stigma in public, and marriage can be one step towards this as the institution is respected in Indian society.

The petitioners said that they want the right to marry as it is available to others, and even the hurdle of IPC Section 377 is gone now. They also cited examples like child marriage to show how the concept has evolved over the years.

Meanwhile, Chief Justice of India DY Chandrachud wondered what the court can do on the issue in the absence of legislation. He reportedly gave the examples of USA and UK to say that there, the legislature had intervened first by banning, then recognising same-sex marriage.