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Supreme court to deliver verdict on legality of marriage equality on Tuesday

Supreme Court is scheduled to announce its judgment on marriage equality in India on October 17. The bench, comprising CJI DY Chandrachud, Justice Sanjay Kishan Kaul, Justice S Ravindra Bhat, Justice Hima Kohli, and Justice PS Narasimha, commenced hearings on April 18 and reserved its judgment on May 11, 2023. Notably, Justice S Ravindra Bhat is set to retire on October 20, 2023.The petitions challenge various laws, including the Special Marriage Act, Hindu Marriage Act, and Foreign Marriage Act, but the focus of the bench is primarily on the Special Marriage Act. The Union Government initially showed willingness to address the matter but later opposed it, suggesting that it falls within the purview of Parliament to decide.The bench explored the possibility of issuing executive instructions to ensure welfare access for same-sex couples without altering existing statutes. Furthermore, the petitioners argued for a gender-neutral interpretation of the terms "husband" and "wife."During the proceedings, the National Commission for the Protection of Child Rights expressed concerns about same-sex couples adopting, while the Delhi Commission for the Protection of Child Rights supported the adoption rights of same-sex couples.

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