Same-sex marriage: Centre urges SC to make states, UTs parties to proceedings on pleas

On Wednesday, the Centre urged the Supreme Court that all states and Union Territories be made parties to the proceedings on the pleas seeking legal validation for same-sex marriages.

The Supreme Court is hearing the case for legal recognition of same sex marriage and is continuing for a second day on Wednesday. A five-judge Constitution bench headed by Chief Justice D Y Chandrachud is hearing a batch of petitions on the issue. The bench also comprises Justices S K Kaul, S R Bhat, Hima Kohli and P S Narasimha.

The Centre, in an affidavit filed in the apex court, said that it has issued a letter on April 18 to all the states inviting comments and views on the "seminal issue" raised in the pleas.

Solicitor General Tushar Mehta, appearing for the Centre, requested a five-judge Constitution bench headed by Chief Justice D Y Chandrachud that states be made parties to the proceedings.

"...All states and Union Territories be made a party to the present proceedings and their respective stance be taken on record and in the alternative, allow the Union of India, to finish the consultative process with the states, obtains their views/apprehensions, compile the same and place it on record before this court, and only thereafter adjudicate on the present issue," the affidavit said, as per PTI.

"It is submitted that Union of India, has issued a letter dated April 18, 2023 to all states inviting comments and views on the seminal issue raised in the present batch of petition," it said.

A day ahead of the hearing, the Centre had told the Supreme Court that same-sex marriage is an urban elitist concept.

Terming the petitions seeking legal validation of same-sex marriage as one which reflect an "urban elitist" view, the Centre told the Supreme Court that recognition of marriage is essentially a legislative function which the courts should refrain from deciding.

Questioning the maintainability of the petitions, the Centre said what is presented before this court is a mere urban elitist view for the purpose of social acceptance.

(With PTI inputs)

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