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

On Monday, the Delhi High Court adjourned a hearing on pleas same-sex marriages till July 6 after the Centre sought an adjournment stating that the govt was focusing on COVID issues now. Solicitor-General Tushar Mehta, representing the Centre, argued that law officers were struggling with COVID issues and hence sought an adjournment. The plea seeks recognition for same-sex marriages under the Hindu Marriage Act, Special Marriage Act and Foreign Marriage Act. Delhi HC adjourns same-sex marriage pleas to July 6 Arguing for the petitioners, senior advocate Saurabh Kirpal urged the court to hear the 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 marriage certificate was not a necessity while seeking hospitalisations. The Centre has opposed the marriage of same-sex couples in the nation maintaining that marriage between two individuals of the same gender is neither recognized nor accepted in any statutory or personal laws, while seeking dismissal of the plea. Centre opposes same-sex marriage In its counter-affidavit in February, Centre stated, "Relationships can be governed, regulated, permitted or proscribed only by a law made by the competent legislature. The acceptance of the institution of marriage between two individuals of the same gender is neither recognized nor accepted in any uncodified personal laws or any codified statutory laws". Centre also pointed out that Supreme Court's 2018 verdict had merely 'decriminalized a particular human behaviour', not 'legitimise the conduct in question'. Objecting to the judicial branch's role in legitimising same-sex marriage, it argued that legalizing same-sex marriages was not the purview of the court, and a decision on the same has to be taken by the legislature. It read, "While a marriage may be between two private individuals having a profound impact on their private lives, it cannot be relegated to merely a concept within the domain of privacy of an individual. In light of the above, the said petition ought to be dismissed as there exists no merit in the same". What did the plea seek? The petition filed by equal rights activists Abhijit Iyer-Mitra Gopi Shankar M, Giti Thadani and G Oorvasi contended that homosexuality has been decriminalised by the apex court but same-sex marriages are still not being allowed under the HMA provisions. “This is despite the fact that the said Act does not distinguish between heterosexual and homosexual marriage if one were to go by how it has been worded. It very clearly states that marriage can indeed be solemnised between any 'two Hindus'. In this view of the matter, it can be stated that it is against the constitutional mandate of non-arbitrariness if the said right is not extended to homosexual apart from heterosexual couples,” the petition said.

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

On Monday, the Delhi High Court adjourned a hearing on pleas same-sex marriages till July 6 after the Centre sought an adjournment stating COVID issues

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