Committee Headed By Cabinet Secretary To Look Into 'Genuine Human Concerns' Of Same Sex Couples: Centre Informs Apex Court
The Supreme Court today during the hearing of the cases seeking the legalisation of same-sex marriage was informed by Solicitor General Tushar Mehta that a committee headed by the cabinet secretary would be constituted to explore administrative steps for addressing "genuine human concerns" of same-sex couples, without going into the issue of recognising their marriage.
The Constitution Bench led by the Chief Justice was informed by the SG that the government is positive about the suggestion from the Court and is exploring administrative steps in this regard. At the beginning of the hearing, the SG submitted "The last hearing conclusion, where the issue was some genuine human concerns and the discussion was that something can be done administratively. I have taken instructions and government is positive, what we have decided is of course subject to your lordship's approval. This would need coordination between more than one Ministry. So therefore a committee headed by no less than the Cabinet Secretary will be constituted."
Continuing, he said, "My friends can give me the suggestions and the problems which they are facing which the committee will go into and will try and see that so long as possible and so far as legally permissible limit they are addressed."
The CJI responded by suggesting that "what we can do is as we are at the midst of the argument. After your side is concluded and when they come in rejoinder, before that they can give the Solicitor General and the Attorney General the set of ideas they have."
The CJI further added that "it is without prejudice to your rights of the rejoinder. Don’t feel it any other way" to which the SG assured and stated that it won't be used as pleadings or anything therefore the suggestions can be given to him.
Chief Justice Chandrachud also suggested that both parties have an informal meeting. He said "One valuable suggestion, what could we do and contemplate is another thing that if both you and the Attorney General, Dwivedi, Aishwarya Bhati, Datar could have the meeting with the other side. As you are brushing shoulders every day with them. So if you would have a meeting on Friday or Saturday. We can formulate something and give it to you. The meeting will not be formal but just informal."
The SG responded and said that the only difficulty is that we as lawyers may not have a ready solution. Senior Advocate AM Singhvi appearing for the petitioner submitted that "Administrative tweaking where necessary in a committee based on suggestions is other and legal tweaking is another." Singhvi added "Personally I don’t think that your Lordship will have any major solution, having seen the gamut of problems and the level at which conceptual matters. But we will certainly provide solutions."
Agreeing with the suggestion made, Justice Bhat said that "... he is saying administrative, there are substantive issues here. You are looking at insurance, housing etc and it is not the end of the battle and this could be a building block for claiming further rights".
While hearing the matter on April 27, the Apex Court had asked the Centre whether social welfare benefits can be granted to same-sex couples without going into legalising their marriage. The Court had posed the question after observing that the Centre's acceptance of the right to the cohabitation of same-sex partners as a fundamental right cast a "corresponding duty" on it to recognise its social consequences.
