Same-Sex Marriage Hearing: Centre Highlights The Issue Of Incest And Sexual Autonomy

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• Apr 27, 2023 | Dhupali Das

Supreme Court resumed its fifth day of hearings on the same-sex marriage petition on Thursday, with the Centre presenting its...

Digital Desk: The Supreme Court resumed its fifth day of hearings on the same-sex marriage petition on Thursday, with the Centre presenting its argument against legalising gay marriage in India, citing inconsistencies in the concept of sexual autonomy.

Despite the fact that Section 377 has been revoked, paving the way for LGBTQ relationships in the country, the Centre had earlier taken an intense stand against same-sex marriage legalisation in India. Solicitor General Tushar Mehta represents the Centre in court.

According to Solicitor General Tushar Mehta, sexual autonomy and sexual orientation are two issues that may be brought up in the future to argue the act of incest, or having sexual relations with members of your immediate or close family.

However, Chief Justice of India DY Chandrachud dismissed this argument as implausible. The Supreme Court bench further stated that sexual orientation or individual liberty could never be exercised in any way regarding marriage, including the grounds for entering into wedlock and unlawful partnerships, which are grounds for divorce.

The solicitor general then used sexual autonomy and incest as an example, saying that suppose a person says he is attracted to his sister, and they are consenting adults who claim the right of autonomy, choice, and doing something in the private sphere.

However, the Supreme Court rejected this example as a valid argument in the same-sex marriage petition.

Moreover, the Supreme Court bench led by DY Chandrachud stated that when it comes to same-sex marriage, the issue is not marriage itself but specific benefits and rights, such as insurance, spouse healthcare, and home ownership.

The court also stated that the Centre should take note of implementing these rights for LGBTQ people in the same way that they are present for individuals who are currently in heterosexual marriages. The Centre continues with its claim that legalizing gay marriage could lead to complications.