Guwahati: The Supreme Court of India will pronounce the judgment on the legality of same-sex marriages on October 17.
The bench, who will deliver the judgment is led by Chief Justice of India DY Chandrachud and includes Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and PS Narasimha.
Earlier, in May, a five-judge Constitution bench presided by Chief Justice of India D Y Chandrachud had reserved the verdict. “There’s a constitutional doctrine that we have remained constant to — we cannot direct legislation, we cannot direct framing of a policy, we cannot enter the realm of policy-making,” Justice S R Bhat, who was a part of the bench, had said.
In March 2023, contemplating on the actual consequences of this case, the Chief Justice of India D.Y. Chandrachud, placed the case before a five-judge.
Here it should be mentioned that as many as 17 lawyers argued in favour of the court reinterpreting the Special Marriage Act, 1954, to define marriage to mean a relationship between ‘persons’ as opposed to a man and a woman.
On the other hand, 22 lawyers representing mainly the government have said that it is the role of the legislature to pass such a law after holding consultations.
The Government of India has contended that recognition of same-sex marriage should be debated in the Parliament, rather than in court.