It stated that the right to marry is not a fundamental right and it cannot read differently the words in the provisions of the Special Marriage Act (SMA) as it would amount to judicial legislation.
A bench headed by Chief Justice of India DY Chandrachud listed the petitions seeking legal recognition of same-sex marriage to a five-judge bench constitution bench and said that the hearing will take place on April 18.
In the affidavit, Centre apprised the Supreme Court living together as partners by same sex individuals, which is decriminalised now, is not comparable with the Indian family unit concept of a husband, a wife and children.
