Same-sex couples may be given 'certain rights'

Nudged by the Supreme Court, the Union government on Wednesday agreed to set up an interministerial committee, headed by the cabinet secretary, to examine the "administrative steps" that the Centre can consider for ensuring social security and other welfare benefits for same-sex couples even in absence of a legal recognition of marriage.

- Utkarsh Anand

The Constitution bench, on its part, appreciated the government's offer calling it a "big step", and added that it does not want to leave same-sex couples "with nothing in their hands" if the top court eventually decides against their petitions for the legal recognition of such unions under the Special Marriage Act (SMA). It also advised the petitioners against an "all-or-nothing" approach.

While there is no certainty of how things will go, Wednesday's developments perhaps indicate the steps the government is willing to take to address the issues raised by same-sex couples without legally recognising their union - as well as the direction of the court's thinking. In April, the five-judge bench hearing the case said it will not be touching upon the aspects of personal laws, adding that an "incremental approach" to the process of judicial determination in the case will reflect "sage wisdom".

Last week, the court implored the Centre to mull over certain benefits and rights that same-sex couples could be granted in view of government's statement that they have a fundamental right to cohabit and celebrate their unions.

Appearing on Wednesday before a Constitution bench led by Chief Justice of India (CJI) Dhananjaya Y Chandrachud, solicitor general (SG) Tushar Mehta submitted that the government is "positive" about making efforts to address some of the "human concerns" of samesex couples, wherever "legally permissible".

"What we have decided is that it will need coordination between different ministries. Therefore, a committee will be formed and this will be headed by nobody less than the cabinet secretary. The petitioners can give their suggestions to this committee so that whatever is legally permissible can be done," the SG told the bench, which also comprised justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and PS Narasimha.