Chief Justice D Y Chandrachud said: “…Is the existence of two spouses who belong to a binary gender necessary for the requirement of marriage or has our law now progressed sufficiently to contemplate that the existence of binary genders, maybe, is not necessary for your definition of marriage.”
Laws like the Special Marriage Act were enacted at a time when women did not have agency, the Supreme Court on Thursday remarked while discussing Section 30 of the Act that requires a public notice inviting objections
The bench said the law provides a framework for the concept of marriage and it is broad enough to take care of later developments such as same-sex relationships.
In the marriage equality case before the Supreme Court, some petitioners have challenged the provisions of the Special Marriage Act 1954 which require parties intending marriage to give advance notice.
The Supreme Court on Tuesday dismissed the plea challenging the appointment of advocate L Victoria Gowri as an additional judge of the Madras High Court.