Delhi: The High Court on Tuesday said it would hear on April 24 pleas seeking recognition of same-sex marriage under various laws. A bench of Chief Justice Satish Chandra Sharma and Justice Subramaniam Prasad was informed by the parties that a similar matter is pending before the Supreme Court. Senior advocate Saurabh Kirpal, appearing for one of the petitioners, urged the bench to grant date in the matter as a similar matter is coming up for hearing on January 6 before the apex court.
The central government’s counsel also informed the court about the pending petitions in the apex court seeking similar relief. On November 25, the Supreme Court sought response from the central government on separate petitions by two same-sex couples seeking directions to authorities to enforce their right to marry and register their marriage under the Special Marriage Act. was done.
Eight petitions by same-sex couples seeking declaration of recognition of their marriages under the Special Marriage Act, Hindu Marriage Act and Foreign Marriage Act are pending before the High Court. Petitioner Abhijit Iyer Mitra and others have argued that despite the Supreme Court decriminalizing consensual homosexual acts, marriage between same-sex couples is not possible and, therefore, they have challenged such marriages under the Hindu Marriage Act and the Special Marriage Act. demanded a declaration to recognize
A five-judge constitution bench of the Supreme Court, in a unanimous decision delivered on September 6, 2018, decriminalized consensual sex between adult homosexuals or heterosexuals in a private place, striking down a part of the British-era penal law. Agreed. It was declared an offense on the grounds that it violates the constitutional right to equality and dignity.
The High Court had in November 2020 sought the Centre’s stand on Iyer’s plea. The Center has opposed same-sex marriage, saying marriage in India is not just a union of two persons but an institution between a biological man and woman and judicial interference would cause “complete havoc with the delicate balance of personal law”. ” It has also opposed a petition by some LGBTQ couples seeking live streaming of court proceedings in the matter, saying it could involve intense ideological schism.
Another petition filed before the High Court by two women who wished to marry under the Special Marriage Act challenged the provisions of the law to the extent it did not provide for same-sex marriages.
Two men who were married in the US but were refused registration of marriage under the Foreign Marriage Act have also approached the High Court.
Read this also | Same-sex marriage: HC seeks Centre’s response on plea to allow foreign-origin spouse to apply for OC