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The petitioners cannot claim recognition of same-sex marriage under the country’s laws as the Supreme Court has already ruled that same-sex cohabitation is not a crime. The central government does not recognize same-sex marriages. At the same time no action will be taken against those marriages.
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The re-hearing of the petition came up for hearing today before a bench comprising Chief Justice D.O.K Chandrachud and Justices PS Narasimha and JP Parthiwala.
Speaking at that time, the judges said, “On April 18, a five-judge constitutional bench will hear the final arguments regarding the legal recognition of same-sex marriages in India. Any decision taken in this matter will have a huge impact on the society. The hearing will be telecast live on the Supreme Court website and YouTube.
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We are of the view that it would be appropriate if the issue was decided by a five-Judge Bench of the Supreme Court in view of A 145(3) of the Constitution. Therefore, we order it to be placed before the Constitution Bench.