Delhi HC hears PIL for same-sex marriages; Centre to put official stand on record soon

Delhi High Court on Monday heard a PIL seeking recognition of same-sex marris under Hindu Marris Act, 1956. During proceedings, Solicitor-General Tushar Mehta, representing Centre, stated that as per his legal opinion, recognition of same-sex marris under Act would be contrary to prevailing laws. SG Mehta ded, however, that while he was of aforementioned legal opinion, Centre's official stand will be put on record before court soon. 

Arguments in Court

During proceedings in court, bench comprising Chief Justice DN Patel and Justice Prateek Jalan expressed that such a petition must be viewed with an open mind. Ackwledging that  position of law might be different, Bench stated that "changes are happening across world."

SG Tushar Mehta, however, maintained that effect of Supreme Court's 2018 judgment in Navtej Singh Johar's case was only to decriminalize consensual homosexual activities, "thing more, thing less". SG Tushar Mehta argued that it was a question of law for which he will file a te before court.

He ded that while he did t have instructions from Central government, he was pointing out legal provisions to show that law does t permit same-sex marris. For permitting that, court will have to change various statutory provisions.

Culture of any country is codified in a statutory law like Degrees of Prohibited relationship, special or ditional rights to "wife", different limits for "husband" and "wife", use of terms "husband" and "wife", special protection to "wife" in criminal law e.g. Sc.498-A IPC etc, which cant be determined in same-sex marri. Unless several statutory provisions are altered,  relief as prayed for cant be granted argued to SG Mehta.

Court went on to suggest that petitioners, who are activists and members of LGBTQ community, could first try and get ir marri registered and if in case y were denied, could approach Court with ir grievance. vocate Raghav Awasthi, appearing on behalf of petitioners informed Court that re have been instances of gay couples getting married but being refused registration.

Court thus asked petitioners to bring on record all those persons who are aggrieved by n-registration of same-sex marris on next date of hearing and slated matter for furr hearing on October 21.

Re: Georgia Church Splits From Methodists Over LGBT Dispute

Re: LGBTQI Community Celebrate Second Official Pride Pare

What does PIL say?

According to details of PIL filed on September 8, petitioners have highlighted that Section 5 of Hindu Marri Act of 1956 does t distinguish between homosexual and heterosexual couples, asking court to recognize same-sex couples under said provisions of  Act. petitioners have also argued that homosexual couples in India were being treated as 'second-class citizens' since y were t enjoying same benefits enjoyed by Heterosexual married couples. 

vocates Raghav Awasthi and Mukesh Sharma in ir plea argued that re were provisions under  Hindu Marri Act, 1956 that mandated that marri should take place only between a Hindu man and a Hindu woman, ding that Section 5 of Act clearly lays down that marri can be performed between 'any two Hindus'.

"It is furr submitted that despite fact that re is absolutely statutory bar under Hindu Marri Act of 1955 and Special Marri Act of 1956 against gay marri, same are t being registered throughout country and also in Delhi," plea said. "As a result of same, re are many benefits that would orwise be available to heterosexual married couples that are t available to m," it ded.

Pointing out that Right to Marry is a part of Right to Life under Article 21 of Constitution of India, PIL argued that prohibition of marri of LGBT people on basis of sexual orientation and identity was 'absolute discrimination towards m'. "That Right to Marry is also stated under Human Rights Charter within meaning of right to start a family. Right to Marry is a universal right and it is available to everyone irrespective of ir sexual orientation and identity," plea contended.

Re: Artists, Acemics Defend LGBT Rights In Poland

Re: PIL Filed In Delhi High Court To Recognize Same-sex Marris Under Hindu Marri Act