PIL filed in Delhi High Court to recognize same-sex marriages under the Hindu Marriage Act

More than two years after the Supreme Court decriminalised homosexuality in the country by abolishing Article 377, a PIL has been filed in the Delhi High Court asking the court to recognize same-sex marriages under the Hindu Marriage Act. 

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

Advocates Raghav Awasthi and Mukesh Sharma argued that there was no provision under the Hindu Marriage Act, 1956 that mandated that marriage should take place only between a Hindu man and a Hindu woman, adding that Section 5 of the Act clearly lays down that marriage can be performed between 'any two Hindus'.

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"It is further submitted that despite the fact that there is absolutely no statutory bar under the Hindu Marriage Act of 1955 and the Special Marriage Act of 1956 against gay marriage, the same are not being registered throughout the country and also in Delhi," the plea said. "As a result of the same, there are many benefits that would otherwise be available to heterosexual married couples that are not available to them," it added.

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

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(With Agency Inputs)