Delhi High Court adjourns plea hearing seeking same-sex marriage recognition to July 6

On Monday, Delhi High Court journed a hearing on pleas same-sex marris till July 6 after Centre sought an journment stating that govt was focusing on COVID issues w. Solicitor-General Tushar Mehta, representing Centre, argued that law officers were struggling with COVID issues and hence sought an journment. plea seeks recognition for same-sex marris under Hindu Marri Act, Special Marri Act and Foreign Marri Act. 

Delhi HC journs same-sex marri pleas to July 6 

Arguing for petitioners, senior vocate Saurabh Kirpal urged court to hear matter expeditiously and to be neutral with respect to urgency. Arguing that same-sex couples were left out in hospitals and medical treatment, he sought a hearing within one week. In response, Mehta argued that a marri certificate was t a necessity while seeking hospitalisations. Centre has opposed marri of same-sex couples in nation maintaining that marri between two individuals of same is neir recognized r accepted in any statutory or personal laws, while seeking dismissal of plea.

Centre opposes same-sex marri

In its counter-affidavit in February, Centre stated, "Relationships can be governed, regulated, permitted or proscribed only by a law me by competent legislature. acceptance of institution of marri between two individuals of same is neir recognized r accepted in any uncodified personal laws or any codified statutory laws". Centre also pointed out that Supreme Court's 2018 verdict h merely 'decriminalized a particular human behaviour', t 'legitimise conduct in question'. 

 Objecting to judicial branch's role in legitimising same-sex marri, it argued that legalizing same-sex marris was t purview of court, and a decision on same has to be taken by legislature. It re, "While a marri may be between two private individuals having a profound impact on ir private lives, it cant be relegated to merely a concept within domain of privacy of an individual. In light of above, said petition ought to be dismissed as re exists merit in same".

What did plea seek?

petition filed by equal rights activists Abhijit Iyer-Mitra Gopi Shankar M, Giti Thani and G Oorvasi contended that homosexuality has been decriminalised by apex court but same-sex marris are still t being allowed under HMA provisions. “This is despite fact that said Act does t distinguish between heterosexual and homosexual marri if one were to go by how it has been worded. It very clearly states that marri can indeed be solemnised between any 'two Hindus'. In this view of matter, it can be stated that it is against constitutional mandate of n-arbitrariness if said right is t extended to homosexual apart from heterosexual couples,” petition said.