As the bench assembles on Tuesday morning to pronounce the crucial verdict, here are some options before the Supreme Court:
DECLARE RIGHT TO MARRIAGE AS A FUNDAMENTAL RIGHT
ARGUMENT IN SUPPORT: Petitioners have argued that the right to marriage should be declared as a fundamental right. It is argued that all civil rights emanate from the institution of marriage. The right to raise a child as a couple, joint financial bank accounts, right to inherit each other’s property or even the right to sign a basic medical consent form are all rights allied to the institution of marriage. Hence, this institution serves as a sine qua non (essential action) for complete exercise of civil rights as a couple. The denial of legal recognition to same-sex partnership is discriminatory and hence must be outlawed.
COUNTER VIEW: If marriage were to be recognised as a fundamental right, it will open a Pandora’s Box where personal laws shall be in direct conflict. This paves the way for dozens of petitions lining up before the Supreme Court. It shall also throw up challenges for various tribal and indigenous customs that are protected under the Sixth Schedule of the Indian Constitution. No religious, tribal, or customary law recognises same-sex partnership or gay marriages.
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