India

Same-sex marriage: GoI asks opinion of states, UTs; urges involvement

Supreme Court of India. [File Photo]

New Delhi: The government of India has requested the Supreme Court to join all states and Union Territories (UTs) as a party in the ongoing hearing on petitions seeking legal sanction to same-sex marriages, IANS reported.

The GoI, in an affidavit, said: “The Union of India, reiterates its request to join all states and Union Territories as a party to the present case, invite the views of the various states on the present issue, which clearly falls within their legislative domain and only thereafter, proceed to decide the question before the Hon’ble Court”.

The affidavit said the present matter and issue delineated by this court, even when limited to the Special Marriage Act, 1954, entails the purported judicial creation of a social institution called “marriage” of a different kind than contemplated under the existing law.

“That is submitted that the framers of the Constitution have specifically provided for a separate Entry in the Concurrent List which is a part of the Seventh Schedule of the Constitution of India conferring a constitutional function of legislating with respect to this institution of marriage, the requisite conditions for a valid marriage, regulations of such institutions like making provisions for divorce, alimony etc”, it added.

It further added, “The Union of India, in the absence of notice to the states and Union Territories on the present issues, has started the exercise of consultation with all the states, in order to ascertain the views of the states on the said issue. It is submitted that the Union of India, has issued a letter dated 18.04.2023 to all states inviting comments and views on the seminal issue raised in the present batch of petition”.

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