Will Supreme Court legalise same-sex marriage, criminalise marital rape?

The year 2023 started with a bang in the Supreme Court, with a five-judge bench dismissing petitions against the Narendra Modi government’s demonetisation move. Just in the first week of the new year, the apex court has come out with several judgments that have made big headlines, including on the Haldwani land row. In a way, it sets the tone for the year. Because this is a year India’s top court is expected to hear and pass verdict on several significant subjects. These subjects include whether marital rape should be criminalised, whether same-sex marriage should be legalised, on gender discrimination at religious places, whether reservations can be extended to Dalits Muslims and Christians. To give us a sneak peek into the year ahead for the judiciary, we have Amit Anand Choudhary, who covers the Supreme Court for The Times of India. He underlines that the Supreme Court has been very proactive in its approach towards protecting rights of women, marginalised sections, minorities and other communities. Same-sex marriage, marital rape This year, he points out, the decision on marital rape particularly will be very significant. If the Supreme Court recognises that marital rape is an offence and the exception given under Indian Penal Code is wrong then it would have huge ramifications. Similarly, the same-sex marriage issue. Four gay couples have approached Supreme Court to recognise same-sex marriages. Amit says it is very possible that the Supreme Court might legalise same-sex marriages, because of the approach the Supreme Court has taken in recent years -- such as regarding entry of women in defence forces, decriminalising homosexuality in 2018, various verdicts on the issues of women's rights LGBT community rights.AAP vs CentreAnother important hearing will be on the legal fight going on between the Centre and Delhi’s AAP government. It has been going on since 2013 when Arvind Kejriwal became the chief minister of Delhi. The constitution bench of the Supreme Court will examine whether decisions regarding transfer bureaucrats should be taken by the Centre or the Delhi government. Independence of Election CommissionAnother important judgment expected is regarding the independence of the Election Commission of India. The Supreme Court is hearing petitions seeking that a collegium system of appointment should be introduced for election commissioners also. Right now election commissioners are being appointed by the Centre and there are no qualification criteria fixed by the Parliament or by the Centre for the selection of election commissioners. The Supreme Court verdict would settle the appointment process, which is not very transparent at present. Centre vs JudiciaryThe selection process for judges in high courts and the Supreme Court is also under the scanner. The Centre has been very vocal in its criticism of the collegium system by which judges are appointed. Whether the government should have a say in the appointment of judges. We have to see how this tussle between the judiciary and the government takes shape in this year. Gender discrimination at religious placesThis case started with the Sabarimala judgment and now the Supreme Court has extended the ambit of the case to include whether discrimination against women in religious places such as mosques should be addressed by the judiciary or be left to tradition.Challenges to government ordersThe Supreme Court will hear challenges to the government’s removal of special status given to Jammu and Kashmir under Article 370, and petitions against the Citizenship Amendment Act. There is no fixed timeline for when these cases would come up.Audio production: Anil Chauhan