Same-sex marriage: Supreme Court transfers to itself all pleas pending before high courts, asks Centre to file response

A Supreme Court bench comprising Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala on Friday, 6 January, clubbed and transferred to itself all petitions pending before different high courts across the country on the issue of granting legal recognition to same-sex marriages.

The bench has also asked the Centre to file its joint reply to all the petitions on the issue by 15 February and directed that all the petitions will be listed in March.

The bench said any petitioner, if not available to argue physically before the court, can do so over the virtual platform.

It asked counsels from the Centre and petitioners to file a written note on the issue, laws and precedents, if any, and share it among themselves and the court.

The bench asked counsel for the Centre to ensure that no petitioner is left out and details of all petitions are incorporated in the compilations to be made.

Solicitor General Tushar Mehta told the bench that there are two options available for the court as a petition is ripe for hearing before the Delhi High Court and the top court could await its verdict or it can transfer all the petitions to itself.

Counsels for multiple petitioners told the bench that they want the top court to transfer all the cases to itself for an authoritative pronouncement on the issue and the Centre can file its response to the top court.

On 3 January, the top court had said that it would hear on 6 January the pleas seeking transfer to the apex court of the petitions pending before high courts for recognition of same-sex marriages.

On 14 December last year, the top court sought a response from the Centre to two pleas seeking transfer to the apex court of the petitions pending in the Delhi High Court for directions to recognise same-sex marriages.

Prior to that, on 25 November last year, the apex court had sought the response of the central government to separate pleas by two gay couples seeking enforcement of their right to marry and a direction to the authorities to register their marriage under the Special Marriage Act.