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5-judge Constitution Bench to decide fate of same-sex marriages from April 18, proceedings to be live-streamed: Supreme Court

A five-judge Constitution bench will decide upon legalizing same-sex marriages in India on April 18 and proceedings of the hearing will be streamed live as the issue of “seminal importance”, the Supreme Court said on Monday

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A five-judge Constitution bench will decide upon legalizing same-sex marriages in India on April 18 and proceedings of the hearing will be streamed live as the issue of “seminal importance”, the Supreme Court said on Monday.

A bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala, which today heard the combined pleas seeking the legalization of the gay marriages under the Special Marriage Act in the country said that a constitution bench of five judges would on April 18 further decide the fate of such matrimonies.

Noting that the issue was of “seminal importance” and any decision on the same would have a huge impact on the Indian society and will impact entire social fabric as a whole, the apex court noted Article 145(3) mandates that such a matter of law, which requires interpreting the constitution, must be decided by a five-judge Constitution bench of the Supreme Court.

The Centre has opposed the pleas arguing that gay marriages are incompatible with the “Indian family unit” consisting of a husband, a wife and their children which inevitably presupposes a biological man as a ‘husband’, a biological woman as a ‘wife’ and the children born out of the wedlock reared by the biological man as father and the biological woman as mother.

The BJP-led central government, in its affidavit filed before the top court, said that the petitioners cannot claim a fundamental right for same-sex marriage to be recognised under Indian laws despite consensual gay being decriminalized in the Supreme Court’s landmark 2018 judgement.

The government further argued that legalizing gay marriages would wreck the delicate balance between personal laws and accepted societal values in the country. Law Minister Kiren Rijiju, Monday, noted that the institution of marriage is a matter of policy, even though doesn’t disturb personal freedom and activities of individuals.

Representing the Centre, Solicitor-General Tushar Mehta argued that giving legal status to gay marriages would trigger legal issues as marriage is a contract between a biological male and biological female in every major religion, not just among Hindus, but also in Islam.

The Centre’s council raised the legal status of adoption by a gay couple saying that the Parliament will have to examine will of the people and child’s and decide whether it can be raised in a such environment.

He said that the Parliament will have to factor in societal ethos while taking such a decision.

However, CJI Chandrachud retorted that the adopted child of a gay or lesbian couple does not have to be a gay or lesbian solicitor.

On January 6, the apex court had transferred and clubbed to itself, all such pleas pending in different high courts, including the Delhi High Court.

In its January 6 order, it had asked Advocate Arundhati Katju—representing the petitioners—and the Central government’s counsel, to prepare together a common compilation of the written submissions, documents and precedents on which reliance would be placed during the course of the hearing.

The petitioners’ counsel had requested the Supreme Court bench to transfer all such cases itself for an authoritative pronouncement on the issue and that the Centre can file its response in the top court.

Earlier, on January 3, the Supreme Court had said it would hear on January 6 the pleas seeking a transfer of petitions for recognition of same-sex marriages pending before the high courts to the top court.

The Supreme Court had in December last year sought the Centre’s response to two pleas seeking a transfer of the petitions pending in the Delhi High Court for directions to recognize same-sex marriages to itself.

Earlier on November 25 last year, the top court had sought the Centre’s response to separate pleas moved by two gay couples seeking enforcement of their right to marry and a direction to the authorities concerned to register their marriages under the Special Marriage Act.

A bench headed by CJI Chandrachud, who was also part of the Constitution bench that decriminalised consensual gay sex in its 2018 landmark judgement, issued a notice to the Centre in November last year, besides seeking Attorney General R Venkataramani’s assistance in dealing with the pleas.

The petitions have sought a direction that the right to marry a person of one’s choice be extended to LGBTQ (lesbian, gay, bisexual, transgender and queer) people as part of their fundamental right. One petition seeks a reinterpretation of the Special Marriage Act, 1954 in a gender-neutral manner where a person is not discriminated against due to his sexual orientation.

On September 2018, a five-judge Constitution bench of the Supreme Court, issued a landmark judgement wherein it decriminalized consensual gay sex among adults. It struck down a part of the British-era penal law under Article 377, on grounds that it violated the constitutional right to equality and dignity.

In its pathbreaking judgement, the apex court ruled that section 377 of the Indian Penal Code (IPC) that criminalised consensual gay sex was “irrational, indefensible and manifestly arbitrary”. The top court had said that the 158-year-old law had become an “odious weapon” to harass the LGBTQ community by subjecting its members to discrimination and unequal treatment.

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Nawaz Sharif urges Shehbaz Sharif to pursue diplomacy over aggression against India

Nawaz Sharif has advised Prime Minister Shehbaz Sharif to avoid aggression and focus on diplomacy following India’s suspension of the Indus Waters Treaty.

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In a significant development amidst escalating regional tensions, former Pakistan Prime Minister Nawaz Sharif has urged his younger brother and current Prime Minister, Shehbaz Sharif, to adopt a diplomatic approach rather than an aggressive stance towards India.

During a meeting in Lahore on Sunday evening, Shehbaz Sharif briefed Nawaz Sharif about the government’s recent actions against India, following India’s decision to suspend the Indus Waters Treaty (IWT) after the Pahalgam attack. The Pakistani government, in response, had closed its airspace for India and reportedly stepped up its readiness to counter any hostile moves.

Sources indicate that Shehbaz Sharif expressed concerns about India’s suspension of the water-sharing agreement, warning that it could escalate tensions dangerously in the region. He emphasized Pakistan’s preparedness to respond strongly if necessary.

However, Nawaz Sharif, founder of the ruling Pakistan Muslim League-Nawaz (PML-N), advised a more measured path. He recommended using all diplomatic avenues to de-escalate tensions and restore peace with India. Nawaz Sharif stressed the importance of avoiding any aggressive actions that could worsen the situation.

In a related move, Pakistan’s Defence Minister Khawaja Asif has suggested the formation of an international commission comprising representatives from countries like the United States, Russia, China, and Britain to investigate the Pahalgam attack, seeking broader international involvement in addressing the conflict.

The ongoing situation between India and Pakistan remains delicate, with calls from within Pakistan’s leadership for calm and dialogue to prevent further deterioration.

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Asaduddin Owaisi criticises Bilawal Bhutto’s remarks amid Indus Waters Treaty row

Asaduddin Owaisi hits out at Bilawal Bhutto Zardari for his provocative “blood will flow” remark after India suspended the Indus Waters Treaty, highlighting the tragic consequences of terrorism.

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Pakistan Foreign Minister Bilawal Bhutto Zardari

AIMIM leader and Hyderabad MP Asaduddin Owaisi has strongly rebuked Pakistan People’s Party (PPP) leader Bilawal Bhutto Zardari over his controversial statement following India’s suspension of the Indus Waters Treaty. Owaisi reminded Bhutto of the tragic assassinations of his mother, former Pakistan Prime Minister Benazir Bhutto, and grandfather, former President Zulfikar Ali Bhutto.

Bilawal Bhutto, who was Pakistan’s Foreign Minister till 2023 and remains an influential figure in the ruling coalition, had issued a provocative warning after India’s decision, reportedly saying, “The Indus is ours and will remain ours – either our water will flow through it, or their blood.”

Responding to these remarks, Owaisi said Bhutto should reconsider his words, recalling how terrorism claimed the lives of his mother and grandfather. “Forget about such childish talk. His mother was killed by terrorists. He should not speak in this manner,” Owaisi said, stressing that terrorism must be condemned universally and not selectively.

Owaisi also criticised Pakistan’s leadership for threatening India with nuclear weapons, highlighting the brutality of recent terror attacks. “If you enter a country and kill innocents, no nation will remain silent,” he said. He compared extremist elements to the Khawarij and ISIS sympathisers, known for their radical ideologies.

The assassination of Benazir Bhutto in Rawalpindi in December 2007 has long been linked to extremist groups, though the case remains unresolved.

Bilawal Bhutto’s comments have sparked wide condemnation across India’s political spectrum. Union Minister Hardeep Singh Puri suggested that Bhutto should undergo a mental health evaluation, while Congress MP Shashi Tharoor labelled the remarks “inflammatory.” Tharoor warned that any aggression from Pakistan would be met with an appropriate response, asserting, “If blood is going to flow, it will possibly flow more on their side than ours.”

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India inks Rs 63,000 crore deal for 26 Rafale-M jets to strengthen naval fleet

India has signed a ₹63,000 crore deal with France to acquire 26 Rafale M fighter jets, strengthening the Navy’s capabilities aboard INS Vikrant and INS Vikramaditya.

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India has finalized a major ₹63,000 crore agreement with France for the acquisition of 26 Rafale M fighter jets, enhancing its maritime strength significantly. This government-to-government deal, signed on Monday, includes 22 single-seater and four twin-seater trainer variants, with delivery expected by 2031.

The deal not only covers the procurement of the jets but also includes comprehensive fleet maintenance, logistical support, and training for Navy personnel. In a notable boost to the ‘Atmanirbhar Bharat’ initiative, indigenous manufacturing of several components will be undertaken under offset obligations.

The Rafale M, currently operated only by the French Navy, is renowned for its superior capabilities among naval fighter jets globally. It features Safran Group’s reinforced landing gear, folding wings, and a robust undercarriage designed to endure the tough conditions of carrier-based operations.

The Indian Navy plans to deploy these new Rafale-M fighters aboard its aircraft carriers, INS Vikrant and INS Vikramaditya, replacing the ageing fleet of MiG-29K aircraft. This move is expected to significantly bolster India’s maritime defense capabilities, especially amid rising security challenges in the Indian Ocean region.

In December, Navy Chief Admiral Dinesh Tripathi emphasized a strategic shift to “negate” any infringement in India’s operational areas, highlighting the preparedness to counter threats from neighboring regions.

India’s Air Force, which already operates 36 Rafale ‘C’ variant jets from northern bases, will also benefit indirectly through upgrades to systems like the ‘buddy-buddy’ aerial refueling capability, allowing fighter jets to stay airborne for extended missions.

Looking ahead, the Navy is also progressing toward the induction of indigenous fifth-generation, twin-engine deck-based fighters, being developed by the Defence Research and Development Organisation (DRDO). These fighters will complement the Air Force’s upcoming Advanced Medium Combat Aircraft (AMCA), further strengthening India’s air and maritime security architecture.

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