Same-sex marriages: SC urged to use plenary power to ensure acceptance

The petitioners seeking legal validation of same-sex marriage on Wednesday urged the Supreme Court to use its plenary power, prestige and moral authority to push the society to acknowledge such a union which would ensure LGBTQIA persons lead a dignified life like heterosexuals.

A five-judge Constitution bench headed by Chief Justice D Y Chandrachud was told by senior advocate Mukul Rohatgi, appearing for one of the petitioners, that the State should come forward and provide recognition to same-sex marriage.

He referred to the law on widow re-marriage, and said the society did accept it then and the law acted with alacrity and the social acceptance followed.

Here, this court needs to push the society to acknowledge the same-sex marriage. This court, besides the power under Article 142 (which provides SC the plenary power to pass any order necessary for doing complete justice) of the Constitution, has moral authority and it enjoys public confidence. We rely on the prestige and moral .