After 10-Day Hearing, Supreme Court Reserves Judgment in Marriage Equality Case

The 5-judge bench heard the batch of pleas seeking marriage equality over 10 days.

At least 20 petitions were filed in the Supreme Court by various same-sex couples, transgender persons, and LGBTQIA+ activists, demanding marriage equality.

(Photo: The Quint)

The Constitution Bench of the Supreme Court on Thursday, 11 May, reserved its judgment in the petitions seeking marriage equality in India. The court began hearing the case on 18 April, and the hearing lasted 10 days in total.

The bench led by Chief Justice of India DY Chandrachud comprised Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and PS Narasimha.

With the conclusion of submissions, the CJI said – "Thank you everyone, we'll reserve the judgment."

The apex court heard at least 20 petitions, which were filed by various same-sex couples, transgender persons, and LGBTQIA+ activists, challenging the provisions of Special Marriage Act 1954 (SMA), Hindu Marriage Act 1955, and the Foreign Marriage Act 1969.

However, the Supreme Court maintained that it would confine the matter to just the SMA.

Govt Agrees To Set Up Panel

During the hearing on 3 May, the Centre, represented by Solicitor General Tushar Mehta, agreed to set up a panel headed by the Cabinet Secretary to explore administrative steps for addressing 'concerns' of same-sex couples.

"The government is positive. What we have decided is that this would need coordination between more than one ministry. So, a committee headed by no less than the Cabinet Secretary will be constituted," Mehta told the apex court.

"My friends can give me suggestions or problems they're facing which the committee will go into and will try and see that so far as legally permissible, they are addressed," the Solicitor General told the Supreme Court.