Govt to set up panel to look into issues of same-sex couples
The Government of India told the Supreme Court on Wednesday it will constitute a committee headed by the cabinet secretary to examine administrative steps that could be taken to address “genuine humane concerns” of same-sex couples without going into the issue of legalizing their marriage. The Government’s submission came pursuant to the apex court asking it on April 27 whether social welfare benefits like opening joint bank accounts, nominating life partner in provident funds, gratuity, and pension schemes can be granted to same-sex couples without going into the issue of legal sanction to their marriage.
Solicitor General Tushar Mehta, appearing for the Central government, told a five-judge constitution bench headed by Chief Justice D Y Chandrachud there were discussions at the previous hearing about some genuine humane concerns of such couples and whether something can be done to address those administratively.
“I have taken instructions and government is positive. What we have decided is, of course, subject to your lordships’ approval, that this would need coordination between more than one ministries. So, therefore, a committee headed by no less than the cabinet secretary will be constituted,” Mehta told the bench, which also comprised justices S K Kaul, S R Bhat, Hima Kohli, and P S Narasimha.
The Supreme Court was hearing arguments for the seventh day on a batch of petitions seeking legal validation of same-sex marriage. The Solicitor General said the petitioners can give him their suggestions or the problems they are facing, and the committee will go into them and try, so far as possible and legally permissible, to ensure they are addressed.
The judges said the petitioners’ side can give their suggestions to the attorney general or the solicitor general without prejudice to their rights in the rejoinder. The CJI said the counsel appearing for both sides can have a meeting where these issues can be discussed.
Senior advocate A M Singhvi, who is appearing for one of the petitioners, said meeting and giving suggestions is not a problem, but substantial issues are involved in the matter, and at best, what is being suggested is “administrative tweaking“, where necessary, by a committee based on the suggestions.
“….Without prejudice we can certainly give (suggestions) but, personally, I don’t think that your lordships will have any major solution,” Singhvi said, adding having seen the entire gamut of problems and the level at which, conceptually and jurisprudentially, the matter has been argued, it would be better that the court goes on to decide the matter.
Justice Bhat observed, “Dr. Singhvi, look at it as one or none. Because, although he (Mehta) is saying administrative, there are substantive issues here when you are looking at insurance, housing, etc. These are as substantial in terms of the benefits that people can expect. That is actually the practical way out.”
The bench said the petitioners can give suggestions on what are barriers which same-sex couple face. “And if there is a frank discussion out of that, although this is being termed as administrative, this will have to translate into some changes in the regulations, maybe even law,” it said. The bench said sometimes beginnings can be small but very substantial.
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