Tag : Heterosexuals

    SC advised to use moral authority and plenary power to support same-sex marriages

    SC LGBTQIA
    Chirag Kaul
    April19/ 2023

    New Delhi: The petitioners seeking legal validation of same-sex marriage on Wednesday urged the Supreme Court to use its plenary power, “prestige and moral authority” to push the society to acknowledge such a union which would ensure LGBTQIA persons lead a “dignified” life like heterosexuals. A five-judge Constitution bench headed by Chief Justice D Y Chandrachud was told by senior advocate Mukul Rohatgi, appearing for one of the petitioners, that “the State should come forward and provide recognition to same-sex marriage.” He referred to the law on widow re-marriage, and said the society did accept it then and the “law acted with alacrity” and the social acceptance followed. “Here, this court needs to push the society to acknowledge the same-sex marriage. This court, besides the power under Article 142 (which provides SC the plenary power to pass any order necessary for doing complete justice) of the Constitution, has moral authority and it enjoys public confidence. We rely on the prestige and moral authority of this court to ensure that we get our right,” Rohagti told the bench which also comprised Justices S K Kaul, S R Bhat, Hima Kohli and P S Narasimha. He said, “the State should come forward and provide recognition to same-sex marriage... which will help us leading a dignified life like heterosexuals.” At the outset of second day’s proceedings, Solicitor General Tushar Mehta, appearing for the Centre, filed a fresh plea urging the top court that all the states and UTs be also made parties to the proceedings on the pleas. In a fresh affidavit filed in the apex court, the Centre 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. “It is, th ...

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