Same-sex marriages not recognised by our legal guidelines, society and our values: Centre to Delhi HC

New Delhi, September 14

The Centre on Monday advised the Delhi High Court that marriage between same-sex {couples} was “not permissible” as it isn’t recognised by “our laws, legal system, society and our values”.

The submission was made earlier than a bench of Chief Justice DN Patel and Justice Prateek Jalan by Solicitor General (SG) Tushar Mehta throughout the listening to of a PIL searching for a declaration that same-sex marriages be recognised below the Hindu Marriage Act (HMA) and the Special Marriage Act.

The Delhi High Court on Monday posted a petition searching for allowance of registration of same-sex marriage below the Hindu Marriage Act on October 21 whereas directing the petitioner to make sure amendments to the plea.

File a civil miscellaneous utility by the subsequent date of listening to with the intention to amend the petition. The matter is adjourned on October 21,” mentioned a division bench of the excessive courtroom presided by Chief Justice DN Patel and Justice Prateek Jalan whereas listening to a petition filed by Abhijit Iyer Mitra.

It requested the lawyer showing for the petitioner, Abhijit Iyer Mitra, to present particulars of the individuals who weren’t permitted to register their same-sex marriage.

During the course of listening to, Solicitor-General Tushar Mehta, showing for the Centre, whereas opposing the petition, mentioned the Hindu Marriage Act requires are ‘man’ and a ‘woman’ for the wedding. However, the arguments of the counsel of the petitioner have been that the mentioned gender specification isn’t there within the mentioned Act.

The Solicitor-General whereas clarifying that it was his private stand mentioned that same-sex marriage wasn’t permitted in our tradition, nevertheless, said that he was but to obtain sufficient directions relating to the mentioned petition from the federal government.

“The Solicitor-General only de-criminalised homosexuality nothing more or less,” the petitioner mentioned additional.

Mehta opposed the aid sought within the petition saying “our laws, our legal system, our society and our values do not recognise a marriage, which is a sacrament, between same-sex couples”.

He mentioned the plea to grant recognition to or allow registration of such marriages was “not permissible” for 2 causes — firstly, the petition was asking the courtroom to legislate and secondly, any aid granted “would run contrary to various statutory provisions”.

“Unless court does violence to various laws, this cannot be done,” he added.

Mehta additionally mentioned below the HMA, the assorted provisions regulating marriages or prohibited relationships discuss of husband and spouse and subsequently, who can be assigned these roles the place a same-sex couple was involved.

The bench noticed that worldover issues have been altering however it could or is probably not relevant to India.

It, nevertheless, questioned the necessity for a PIL within the on the spot case, saying the individuals who declare to be affected are properly educated and might themselves method the courtroom.

“Why should we entertain the PIL,” it added.

The counsel for the petitioner said that the affected individuals weren’t coming ahead themselves as they feared reprisals and subsequently, a PIL was most popular.

With the path to position these factual elements earlier than the courtroom, the bench listed the matter for additional listening to on October 21.

The petition has contended that regardless of the Supreme Court decriminalising consensual gay acts, marriages between same-sex {couples} was nonetheless not attainable.

The PIL mentioned nothing within the Hindu Marriage Act mandated {that a} marriage happen solely between a Hindu man and a Hindu lady. It additional identified that in 2018, the Supreme Court learn down Section 377 of the Indian Penal Code, which criminalised homosexuality.

“The non-recognition of the rights of gay couples, especially when their sexuality has been recognised as such as valid by the Honourable Supreme Court of India is violative of various provisions of the Constitution of India as well as various conventions that India as a sovereign state is a signatory to,” the petition said.

“…the denial of this right to homosexual couples is also against the mandate of various international conventions that India is a signatory to. Finally, the eponymous Golden Rule of Interpretation also states that plain meaning has to be imparted to words in a statute unless such interpretation were to lead to an absurdity,” it mentioned additional. PTI/IANS

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