At least three judges on the Constitution bench echoed this view during the hearing of the petitions seeking recognition of same-sex marriages which has been progressing before the top court for the past two weeks.
Chief Justice of India (CJI) DY Chandrachud, who heads the bench, said that the bench was not inclined to go into marriage at all but was more on the right of two persons of the same sex to cohabit and giving legal recognition to the same.
“Once you recognise there is a right to cohabit.. and it may be symptomatic of a sustained relationship.. and once you say that right to cohabit a fundamental right, then it is the obligation of the state that all social impact of the cohabitation has a legal recognition.. we are not going into marriage at all,” the CJI said.
This was in response to the submission by Solicitor General Tushar Mehta, representing the Central government, that while same-sex persons have the fundamental right to cohabit, choose a partner etc, the same cannot be given the label of marriage.
“Right to love, right to cohabit, right to choose a partner, right to have a sexual orientation is a fundamental right but there is no fundamental right to seek recognition of that relationship as a marriage or in any other name,” the SG said.
Justice PS Narasimha suggested that recognition need not be recognition as a marriage but can be recognition that entitles same-sex couple to certain benefits.
“When we say recognition, it need not be recognition as marriage. It may mean recognition which entitles them to certain benefits. The association of two people need not be equated to marriage,” he said.
Justice S Ravindra Bhat also expressed similar views.
“Not marriage but some label is needed,” he said.
Source: Barandbench
