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

The Centre on Wednesday 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.

In an affidavit filed in the apex court, the Centre has said 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.

The bench, also comprising Justices S K Kaul, S R Bhat, Hima Kohli and P S Narasimha, commenced hearing for the second day on the batch of pleas seeking legal validation for same-sex marriages.

"It is, therefore, humbly requested that 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.

"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.

The hearing and the outcome will have significant ramifications for the country where common people and political parties hold divergent views on the subject.

The apex court had on November 25 last year sought the Centre's response to separate pleas moved by two gay couples seeking enforcement of their right to marry and a direction to the authorities concerned to register their marriages under the Special Marriage Act.