Same-sex marriage: SC rejects plea seeking recusal of CJI Chandrachud

Injecting almost a bit of humour, and perhaps a welcome bit of accord between both sides,an application for the Chief Justice of India himself to be recused from the hearings was quickly dismissed

Chief Justice of India D.Y. Chandrachud (Photo: NH File Photo)
Chief Justice of India D.Y. Chandrachud (Photo: NH File Photo)

Ashlin Mathew

The Supreme Court on Wednesday rejected an application seeking the recusal of Chief Justice of India D.Y. Chandrachud from hearing the petitions related to legal recognition of same-sex marriages.

The application, moved by a person named Anson Thomas, stated that the Chief Justice of India should recuse himself from hearing the matter, and it was rejected almost immediately by CJI Chandrachud.

The Supreme Court bench—comprising D.Y. Chandrachud, Justice Sanjay Kishan Kaul, Justice Ravindra Bhat, Justice Hima Kohli and Justice P.S. Narasimha—has been hearing a batch of 20 petitions arguing for the Constitutional recognition of same-sex marriage. The Centre has opposed it on the grounds that it is an 'urban elitist' concept and only the Parliament should make laws.

Petitioners have challenged these provisions as violative of the fundamental rights to privacy and argued that the notice exposed couples who enter into non-traditional marriages to threats and violence from families and vigilante groups. The union government is, however, against granting same-sex couples a legal recognition of their relationships as 'marriage'.

As soon as the application was heard, the Solicitor General of India Tushar Mehta also objected to the plea. "Since he has made the submission, I object to it," said Mehta. He termed the request for recusal an 'aberration'.

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