NATIONALDESK:
Same Sex Marriage Hearing: The country's highest court, the Supreme Court, is hearing a historic case these days. In which the Constitution Bench of the Supreme Court is hearing the debate on legalizing same-sex marriages. "Parliament has the power to make laws on marriage in the country but we want to see how far the Supreme Court can go," Chief Justice DY Chandrachud said.
Hearing Parliament's arguments in the matter on Tuesday (April 25), Chandrachud said there was no dispute that the country's Parliament had the power to legislate on the matters raised in the petition. It falls under Concurrent List 5 and it specifically covers divorce and marriage cases.
The CJI gave an example regarding the limitations of the court, in a case of Visakha v. State of Rajasthan when the court issued guidelines to address the deficiencies of the law to deal with incidents of sexual harassment against women at workplaces The government had passed a law to show the way out of that decision.
Arguing for the petitioners on same-sex marriage, senior counsel Menaka Guruswamy said the government cannot come to court and say that it is a matter of Parliament. He said that when the fundamental rights of a community are violated, they have the right to approach the Constitutional Court under Article 32 of the Constitution.
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