New Delhi: center in a statement It is submitted to the Delhi HC that under the present law a marriage is valid only between “one biological man and one biological woman”.
The Delhi HC is due to hear five petitions seeking legalization of same-sex marriage under the Hindu Marriage Act, the Special Marriage Act (SMA), and the Foreign Marriage Act (FMA).
The statement submitted by the Solicitor General of India, Tushar Mehta, before the Chief Justice’s bench, said, “Law as it is… DN Patel and Justices Jyoti Singh., Bra and as per a report of the Bench.
The Solicitor General of India concluded that it is up to the Court to decide whether same-sex marriage is legal under the law.
“The issue here is whether marriage between same-sex couples is allowed. Your lordship has to see this. There are some misconceptions regarding Navtej Singh Johar case. It only criminalises consensual homosexual acts. It does not talk about marriage,” Mehta said in his statement.
Meanwhile, the petition filed by Raghav Awasthi and Mukesh Sharma said, “In this view of the matter, it can be said that it is against the constitutional mandate of non-arbitrariness if the said right is not extended to homosexuals other than heterosexual couples.” has gone. ”
Awasthi and Sharma married in the USA in 2017, and could not get their marriage registered under the FMA by the Indian consulate. The couple is represented by senior advocate Maneka Guruswamy and advocates Arundhati Katju, Govind Manoharan and Surbhi Dhar.
The other two women aged 47 and 36, who are being represented by the same lawyers, have argued that due to non-registration of their marriage, they are being denied several rights such as home or family life insurance Couples of the opposite sex meet.
Another petitioner couple, OCI cardholder Parag Vijay Mehta and Indian nationals Vaibhav Jain, share a similar story with Sharma and Awasthi.
The Center has opposed same-sex marriage on the grounds that judicial intervention could lead to “complete destruction with a delicate balance of personal laws”.
Chief Justice Patel said, the HC has fixed November 30 for next hearing, “In the meantime, if anyone wants to file a reply or rejoinder, they can do so.”
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