THE CENTRE on Wednesday agreed to form a committee to look into the issues faced by LGBTQIA+ community in India. This move by the Centre comes amid an ongoing hearing of petitions seeking legal sanctity for same-sex marriage in the Supreme Court.
The committee to be formed by the Centre will be headed by Union Cabinet Secretary, according to ANI. Government of India has also informed the top court that this committee will address the genuine human concerns faced by members of the queer community in their everyday lives.
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"The government is positive. What we have decided is that this would need coordination between more than one ministry. So therefore a committee headed by no less than the cabinet secretary will be constituted," Solicitor General Tushar Mehta said to the bench headed by CJI DY Chandrachud, according to Live Law. SG Mehta also said that the petitioners can give the government suggestions and inform them of the problems that the LGBTQIA+ faces and the committee will "try and see that so far as legally permissible, they are addressed".
Representing the petitioners, senior advocate Abhishek Manu Singhvi claimed that even as this committee is formed by the government hearings in the matter should go on because what Centre is proposing is only an administrative measure and does not grant full rights. Speaking on the formation of the committee, Justice Ravindra Bhatt (who is member of the bench hearing the matter) said althought the Centre has termed the move as administrative they will have to consider substantive changes including changes in law.
During the last hearing the Supreme Court bench had asked the Solicitor General to get the view of the government on whether certain rights can be given to LGBTQIA+ people to ensure social security welfare. The Centre has said that the committee can look into the matter of giving these rights without granting legal recognition to the marriages of same-sex couples.
Further the Chief Justice of India also assured that the court will decide the issue of constitutional rights of queer couples irrespective of the concessions that the Centre may give.
"Your fundamental point is that there is a right to marry, that it can be sourced in Special Marriage Act. Therefore, of course we'll have to decide it but to the extent which the government takes the first step forward, there will be a substantive benefit," the Chief Justice said.
(With agency inputs)
