From Our Bureau
NEW DELHI: Though opposed to the same-sex marriages, the Centre on Wednesday offered to the Supreme Court to set up a committee headed by the Cabinet Secretary to look into the “genuine concerns” of the same-sex couples to let them avail some basic social benefits, like joint bank accounts orr nominating a partner in the insurance policies.
The offer came from Solicitor General Tushar Mehta during the 7th day of hearing by a 5-judge Constitution Bench on petitions seeking legalisation of the same-sx marriages.
Issue was some genuine human concerns and discussion was if something can be done administratively. Government is positive. This would need coordination by different ministries. A committee headed by cabinet secretary will be formed and suggestions given by the petitioners will be addressed,” he said.
The bench is led by Chief Justice of India DY Chandrachud and also comprises Justices Sanjay Kishan Kaul, S Ravindra Bhat, PS Narasimha and Hima Kohli.
The batch of petitions have sought the recognition of same-sex marriages under law, arguing that the right to marry a person of one’s choice should extend to LGBTQIA+ citizens as well.
The Central government has opposed the petitions.
In an affidavit filed before the top court, the Central government said that living together as partners and having sexual relationship by same sex individuals is not comparable to the Indian family unit concept which involves biological man and biological woman with children born out of such wedlock
During the hearing of the matter on April 27, the Supreme Court had 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.
It had, therefore, urged the government to address this issue saying that if the judiciary enters this arena, it would become a legislative issue.
The Court had 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 had further emphasized the importance of ensuring that people in such relationships are not ostracized.
