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CJI DY Chandrachud referred the petitions to the constitution bench under Article 145*3) of the

Constitution which says that a bench of minimum five judges neer to sit to decide a cae

involving “Substantial question of law as to the constitution interpretation. The petitioners have

also contended other rights such as Including the right to life, the right to dignity in the

constitution, the preamble and the issues related to the article 14, 19 and 21. Five judge.

Constitution bench recognize the same sex marriage on April 18 th , India will become the second

country in Asia and 33 rd country in the world to legally accept the homosexual unions.

In a landmark judgement, “Navtej Singh Johar vs. Union of India” decriminalised the consensual same

sex relationship in 2018.

A five judge Constitution bench will be hearing the 15 legal petitions in the recognition of same-sex.

marriages from April18 th

The petitions are filed to to recognize the right to marry a person of one’s choice to be extended to

LGBTQIA+ persons and some other petitions were filed for making making changes to some of the

provisions of The Hindu Marriage act, The special marriage act, The foreign marriage act and The

citizenship act.

There will be live screening of proceedings of hearings on the same sex marriage.

Since the petitioners demanding for the changes in so many laws, the UOI argued, changes to be

brought via Parliament and not the courts. In the counter affidavit, Union claimed that Marriage is a

biological thing takes place between a man and a woplace it is submitted that codified and uncodified.

personal laws laws take care of all branches of every religion like Mitakshara and dayabaga in Hindus.

and similar differences in other religions. On the personal laws applicable, the nature of marriage as an

institution is different. For Hindus, it is a sacrament, a Holy union to perform reciprocal duties between

a biological man and a biological woman. In Islam, it is a contract yet takes place between a biological

man and a biological woman. Hence, it is improper to pray for a writ to change the complete legislative.

policy of the country which is deeply rooted in religious and societal beliefs.

Refer- navtej Singh Johar vs. Uoi

32 countries have legalized same sex marriages. Taiwan being the only Asain country which has legally.

recognized the same sec union.

According to my opinion, screen shot at 8:4


The govt viewpoint is, it will dismantle a civilization and cultural construct.

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