Same-sex marriage hearing: SC discusses ‘patriarchal’ Special Marriage Act rule

Calls 30-day notice inviting objections patriarchal and invasion of privacy

The Supreme Court, which is hearing arguments on a batch of pleas seeking legal sanction for same-sex marriage, discussed the mandatory 30-day notice period in the Special Marriage Act and observed that it’s patriarchal and “enables invasion of privacy”.

Senior Advocate Abhishek Manu Singhvi submitted that personal laws in the country “don’t discriminate” unlike the Special Marriage Act, while arguing that the provision of inviting objections to a wedding violates citizens’ fundamental rights. 

He said that the period allows interference from khap panchayats and others opposed to such marriages and that it should not exist for heterosexual couples as well. “This is only based on patriarchy. These laws were made when women did not have an agency,” Bar and Bench quoted Justice S R Bhat as saying. 

Also Read: Same-sex marriage: People moving away from notion of having male child, says SC

He is on the five-judge constitution bench, led by Chief Justice of India (CJI) D Y Chandrachud, hearing the matter. Others are Justices S K Kaul, S R Bhat, Hima Kohli and P S Narasimha. “This is like laying them open for invasion by the society including the superintendent of police, the district magistrate, etc.,” observed the CJI. 

“There is a very real likelihood that this section will disproportionately impact if one member is from a marginalized or minority community and this it impacts one of the most vulnerable sections of our society. Regarding the protocol we have to be careful that we don’t empower these officers to possess personal and private information of these individuals but we have to see that they are protected, yes,” the CJI said.

24 April
Day the SC will resume hearing in the case

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