State cannot discriminate against individuals over sexuality: SC
HY News
20 April, 2023 10:34 am IST
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The Supreme Court on Wednesday said sexual orientation is an innate characteristic over which individuals have no control and the state cannot push aside the need for legal recognition of same sex marriage within the LGBTQIA+ community as an “urban and elitist” concept without any data to support the claim.
While hearing arguments seeking legal sanction for gay marriages, the Supreme Court said same-sex marriages cannot be termed urban elitist concepts just because more people from cities are coming out of the closet.
The remark by Chief Justice of India DY Chandrachud was in response to the centre's submission that the petitions seeking gay marriage rights don't represent the views of the nation and that they reflect "urban elitist views". The centre does not have any data to show that this is an urban elitist concept, he said.
"State cannot discriminate against an individual on the basis of a characteristic over which the individual does not have control. When you see it as innate characteristics, then it counters (argument of) urban elitist concept... urban perhaps because more people are coming out of the closet. Government does not have any data also to show that same sex marriage is an urban elitist concept," said the Chief Justice of India.
The centre is opposed to the Supreme Court hearing the matter and has contended that only the legislature can decide on the creation of a new social relationship.
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