Let Parliament decide LGBTQIA marriage: Centre tells SC

The central government on April 26 informed the Supreme Court (SC) that giving recognition to LGBTQIA+ marriage would have ramifications and urged the apex court to leave it over to the parliament to debate and decide.

Solicitor General Tushar Mehta, appearing for centre, informed the court they are dealing with a very complex subject which will have a social impact.

“The right to marry does not include the right to compel the State to create a new definition of marriage. Only the Parliament is competent to do this and therefore this is a matter best left for it to decide,'' Livelaw quoted Mehta as saying.

Mehta also submitted in the court that a mere judicial declaration the right to marriage for LGBTQIA+ couples raises the issue of how those rights would be governed. 

He further apprised the court that he has been provided a list of various provisions of laws, which would be irreconcilable with the prayer of petitioners.

A constitution bench comprising Chief Justice DY Chandrachud, and Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and PS Narasimha was hearing a batch of pleas for the legal recognition of marriage between non-binary, non-heterosexual, or transgender persons.

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