New Delhi, April 27 (). The Supreme Court on Thursday asked the Center to find a way to extend basic social benefits to gay couples without legal recognition of their marital status, such as designating joint bank accounts or partners in insurance policies.
Chief Justice of India D.Y. A five-judge bench headed by Chandrachud said that when the court says that there is no need to recognize recognition as a marriage, it could mean recognition that entitles them to certain benefits, and that two people Engagement should not be equated with marriage. The apex court accepted that legal sanction for same-sex marriage is within the purview of Parliament.
The bench told Solicitor General Tushar Mehta, representing the Centre, that once you say that the right to live together is a fundamental right, then it is the duty of the state to give legal recognition to all the social implications of living together, and The court is not going into the marriage at all.
The Chief Justice said that the court wanted some element of the larger spirit of alliance and the court was also conscious of the fact that representative democracy in the country also had much to achieve. The bench said that there will be social needs like banking, insurance, admission etc where the Center will have to do something.
Mehta said the government may consider tackling some of the issues same-sex couples are facing without legal recognition. The top court asked the Center to come back on May 3, with its response on social benefits that can be allowed to same-sex couples even without legal recognition of their marital status.
The Chief Justice said to Mehta, “We take your word that if we enter into this area..you have made a very powerful argument that you will legislate..and it is for the Parliament, it will be the arena of the legislature..then , now what? What does the government want to do with cohabiting relationships, the bench asked.
The bench further asked Mehta, how is a sense of security and social welfare created? And also make sure that such relations are not outcasts in the society. The apex court is hearing petitions seeking legal sanction for same-sex marriages.
KC/ANM
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