NEW DELHI: The Central government today, May 3, informed the Supreme Court that it is agreeable to set up a Panel to be headed by the cabinet secretary to examine the administrative steps it can take to address some of the concerns with regard to the basic social benefits for same-sex couples.
Representing the govt, Solicitor General Tushar Mehta submitted before a 5-judge bench headed by Chief Justice of India DY Chandrachud that in the context of last hearing, the issue was human concerns and the discussion was something that could be done administratively and he has taken instructions.
Mehta said that the "government is positive" about implementing certain administrative measures. The government believes that these steps would require collaboration between other ministries, thus a committee with at least the cabinet secretary as its chair will be formed. He also that petitioners' attorneys can provide him with recommendations or issues that they are having, and the committee can look into them and try to ensure that they are resolved insofar as is permitted by law.
The usage of the word "administrative" by Mehta was criticised by senior attorney A.M. Singhvi, who was representing one of the petitioners. Singhvi claimed that Mehta was incorrect because the petitioners were requesting improvements to the legal system, not just cosmetic ones. The hearing is still going on. A number of applications for legal recognition of same-sex unions are being heard by the supreme court.
When it appeared that the court might be in agreement that granting legal recognition to same-sex marriages belongs to the legislative branch, the Supreme Court asked the Centre to find a way to provide same-sex couples with basic social benefits, such as joint bank accounts or designating a partner in insurance policies, even without legal recognition of their marital status, on April 27.
We acknowledge our limitations as a court, without a doubt," the Chief Justice of India's bench, which was made up of Justices S.K. Kaul, S. Ravindra Bhat, Hima Kohli, and P.S. Narasimha, had told the Centre's Solicitor General Tushar Mehta. There are so many concerns, and you have obviously made your case on the legislative side. There are also so many issues on the administrative side. We lack a model, and it would not be acceptable to create one, but we can surely point out to the government how far the law has come. Class-specific issues can be addressed, he said.
The Chief Justice said, "Now what the government can do to ensure about these relationships based on cohabitation or associations, they must be recognised in terms of creating conditions of security, social welfare, and while doing that, we also ensure for the future that these relationships should cease to be ostracised in the society." The Supreme Court ordered the Centre to reply on May 3 about the social benefits that same-sex couples may be given even if their marriage status is not legally recognised.
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