In what could be termed as ‘good news’ for homosexual couples, the Centre has agreed to set up a committee to examine the administrative steps that could be taken to address some of the concerns of same-sex couples and the problems faced by them in daily life.
Solicitor General Tushar Mehta, appearing for the Central Government, on Wednesday informed a Consitution Bench of the Apex Court headed by Chief Justice of India D Y Chandrachud that the Centre has agreed to formulate the committee.
“I’ve taken instructions and the government is positive. What we have decided is, this would need the coordination of more than one ministry and thus the committee headed by no less than cabinet secretary, will be constituted and the committee will consider the problems. So far as they are possible and legally permissible. They can give me the problems today also,” said the Solicitor General while responding to the question put to him during March 27 hearing.
On March 27, the bench questioned Mehta that there will be social requirements such as banking, insurance, and admissions among other issues, where the Centre will have to do something.
The solicitor general, on that hearing, said that the government may consider tackling some of the issues they are facing without granting legal recognition.
Responding to the Centre’s stand to set up a committee, the Chief Justice of India said that the petitioners can give their suggestions and concerns to the Solicitor General and the Attorney General.
“In the meantime, they can give the set of ideas and suggestions that they have to the SG and AG. They have time to apply their mind and they can take a call on that,” said CJI Chandrachud.
Appearing for the petitioners, Senior Advocate Abhishek Manu Singhvi, however, pointed out that the same at best would be “administrative tweaking, but there can’t be major solutions having the gamut of problems. We will certainly give this.”
Solicitor General Tushar Mehta on Day 6 of the hearing last week, told the Supreme Court that “uncontrolled personal autonomy” over one’s sexual orientation could challenge legal provisions against incest. However, the five judges bench, snubbed the argument saying it was “far fetched”
The five-judge Constitution Bench comprising of the Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul, Justice S Ravindra Bhat, Justice Hima Kohli and Justice PS Narasimha is dealing with a batch of petitions pertaining to ‘marriage equality rights for LGBTQIA+ community.
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