On Wednesday, May 3, the Supreme Court was informed by the Union Government that a committee would be formed, led by the Cabinet Secretary, to tackle real-life issues affecting members of the LGBTQIA+ community.
Solicitor General Tushar Mehta, representing the Centre, submitted before a Constitution Bench hearing the same-sex marriage case said the government is positive on addressing the concerns raised by the LGBTQIA+ community.
“My friends [petitioners] can give me suggestions for their problems. The committee will go into them and try as far as possible and legally permissible to see they are addressed,” Mr Mehta said.
The government stated that the committee would be formed with the understanding that the challenges encountered by the community would be spread across various ministries.
A.M. Singhvi, counsel appearing for the petitioners, said the hearings should continue as the government has assured to only make administrative changes.
Mr Mehta, however, affirmed that changes that are legally permissible would be brought in.
A constitution bench of the top court has been hearing a batch of pleas seeking legal recognition of same-sex marriages in India.
The batch of petitions has sought the recognition of same-sex marriages under the law, arguing that the right to marry a person of one’s choice should extend to LGBTQIA+ citizens as well.
The Central government has opposed the petitions.
Centre, in its affidavit, had opposed the plea seeking legal recognition of same-sex marriage, saying that living together as partners by same-sex individuals, which is decriminalised now, is not comparable with the Indian family unit and they are clearly distinct classes that cannot be treated identically.
The Centre has filed the affidavit countering the demand made by various petitioners seeking legal recognition of same-sex marriage. In the affidavit, Centre has opposed the plea and said that pleas seeking legal recognition of same-sex ought to be dismissed as there exists no merit in these petitions.
Same-sex relationships and heterosexual relationships are clearly distinct classes that cannot be treated identically, the government said as its stand against the petition seeking legal recognition of LGBTQ marriage.
However, the Supreme Court, during the hearing of the matter on April 27, said that the granting legal recognition to same-sex marriages is under the purview of the legislature but the court’s objective in hearing the case is to ensure that measures are devised to accord same-sex couples social and other benefits and legal rights without the label of marriage.
