SC clubs, transfers to itself all pleas pending before different HCs on same-sex marriages

The Supreme Court Friday transferred to itself all petitions seeking legal recognition of same sex marriages filed in several high courts. A bench comprising Chief Justice of India D Y Chandrachud and Justices PS Narasimha and JB Pardiwala observed that it was of the view that since several pleas are pending before High Courts of Delhi, Kerala and Gujarat, they should be transferred and decided by the Supreme Court.

The bench also made it clear that petitioners who cannot engage a counsel can appear virtually and advance their submissions. The matter will come up for resumed hearing on March 13. Appearing for one of the petitioners, Senior Advocate Mukul Rohatgi suggested that the petitions hanging fire before the High Courts should be transferred to the top court and heard together.

Solicitor General Tushar Mehta said that the matter was “ripe for hearing” before the Delhi High Court and that the top court can have the benefit of Delhi High court judgement.


However, the CJI, speaking for the bench, said that it will transfer all petitions before the High Courts to the Supreme Court. The development took place during the resumed hearing of a batch of petitions seeking the extension of the right to marry for those from the LGBTQIA+ community.

The petitioners have sought a declaration to the effect that persons belonging to the LGBTQIA+ community have the same right to marriage as their heterosexual counterparts.

One of the gay couples, in their petition, alleged that they were ill treated by the authorities. "Same-sex marriage will not harm traditional families,” the plea read. “Allowing same-sex marriage in no way interferes with procreation or child-rearing within opposite-sex marriage, but it does harm samesex couples and their children by denying them legal benefits, financial security, and making child-rearing more difficult", the plea added.