This principle cannot be diluted by judicial intervention in this matter. There is a provision regarding marriage in all the personal laws and there is no talk of same sex marriage anywhere. Indian society and culture does not allow this. Although the matter has now been referred to the constitutional bench, the government will now have to place its stand before the constitutional bench and the apex court will decide the matter.
Demand for recognition under Special Marriage Act
Gay couple (homosexual men) have filed an application in the Supreme Court saying that the marriage of homo sexual should be recognized under the Special Marriage Act. On March 13, the Supreme Court had sent several petitions seeking recognition of gay marriage to the constitution bench for final hearing. A bench headed by CJI DY Chandrachud and Justices PS Narasimha and JB Pardiwala had said that this is a very important issue. The matter was fixed for consideration before a five-judge bench on April 18. The bench said it would invoke Article 145(3) of the Constitution and the matter would be decided by a five-judge constitution bench.