Wednesday, May 29, 2024

Can same-sex couples be given social welfare benefits without legalising marriage, SC asks Union

The Supreme Court on Thursday asked the Union government whether certain social welfare benefits could be granted to same-sex couples without legally recognising their marriage.

The top court is hearing a batch of pleas in which the petitioners have challenged the constitutionality of laws that only recognise marriages between a man and a woman. They have argued that these provisions are discriminatory against the LGBTQIA+ community and infringe on their fundamental right to dignity and privacy. The Union has opposed the petitions arguing that same-sex marriages are “not comparable with the Indian family unit concept”.

A Constitution bench headed by Chief Justice DY Chandrachud said that this will ensure that same-sex couples are not ostracised, reported Live Law.

The constitution bench also comprises of Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and PS Narasimha.

“When we say recognition, it may not always be recognition as marriage,” Justice Narasimha said.

“Recognition can mean association which should entitle them to certain benefits,” he said.

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