The high court, on January 6, clubbed and transferred to itself all the petitions pending before different high courts including the Delhi High Court. (File/News18)
According to the case list as of Monday (March 13) uploaded to the high court’s website, the depositions are scheduled for hearing before a court consisting of Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala.
The Supreme Court is scheduled to hear a batch of arguments seeking legal validation of same-sex marriages on Monday.
According to the case list as of Monday (March 13) uploaded to the high court’s website, the depositions are scheduled for hearing before a court consisting of Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala.
The high court, on January 6, clubbed and transferred to itself all the petitions pending before different high courts including the Delhi High Court.
He said that the lawyer appearing for the Center and the lawyer Arundhati Katju, on behalf of the petitioners, will together prepare a joint compilation of the written submissions, documents and precedents that would be relied on during the course of the hearing.
“Electronic copies of the compilations will be exchanged between the parties and made available to the court. Please list the petition along with related petitions and transferred cases on March 13, 2023 for instructions,” the court said in its January 6 order.
The attorney for multiple petitioners had told the court that he wants the high court to transfer all the cases to itself for an authorized ruling on the issue and for the Center to file its response in the high court.
On January 3, the high court had said it would hear applications for the transfer of applications for recognition of same-sex marriages pending before the higher courts to the high court on January 6.
On December 14 last year, the high court had sought the Center’s response to two pleadings seeking the transfer of petitions pending in the Delhi High Court for instructions to recognize same-sex marriages.
Prior to that, on November 25 of last year, the high court had sought the Center’s response to separate pleadings filed by two gay couples seeking to assert their right to marry and an order to proper authorities to register their marriages. under the Special Marriage Law.
A bank headed by CJI Chandrachud, who was also part of the Constitution bank that in 2018 decriminalized consensual gay sex, issued a notice to the Center in November last year, in addition to seeking the assistance of Attorney General R Venkataramani in dealing with the statements. .
The supreme court’s five-judge constitutional tribunal, in a groundbreaking unanimous verdict delivered on 6 September 2018, held that consensual sexual relations between gay or heterosexual adults in a private space is not a crime while striking down a part of the British era . criminal law that classified it as a crime for violating the constitutional right to equality and dignity.
The petitions that the high court issued notice of in November of last year seek direction for the right to marry a person of their choice to be extended to LGBTQ (lesbian, gay, bisexual, transgender, and queer) people as part of their fundamental right. .
One of the petitions has sought a gender-neutral interpretation of the 1954 Special Marriage Law, in which a person is not discriminated against because of their sexual orientation.
The high court, in its 2018 ruling, held that section 377 of the Indian Penal Code (IPC) which criminalized consensual gay sex was “irrational, indefensible and manifestly arbitrary”.
He had said the 158-year-old law had been turned into a “hateful weapon” to harass the LGBT community by subjecting its members to discrimination and unequal treatment.
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(This story has not been edited by News18 staff and is published from a syndicated news agency feed)