August 17, 2022

Delhi HC urges govt’s response over plea of 2 homosexual couples desiring legal recognition of their marriage

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The Delhi High Court asked for a response from the government on Wednesday regarding two individual petitions filed by homosexual couples pertaining to official recognition by registering their marriage under the provisions of Special Marriage Act and Foreign Marriage Act.

The High Court issued the notice to the Centre and Delhi government by a bench comprising of Justice Rajiv Sahai Endlaw and Justice Asha Menon and put forth the matter for the forthcoming hearing scheduled on January 8.

The court stated that conventional inhibitions need to shed off after advocate Rajkumar Yadav, one of the counsels for the Centre presented the report that such circumstances have not erupted in 5,000 years of Sanatan Dharma.

Justice Menon stated, “We may shed our inhibitions. The laws are gender-neutral. Please try to interpret the law for the citizens of Sanatan Dharma in the country. This is not an adversarial litigation. This is for the right of every citizen of the country.”

The petitions filed by the couples put forth that not recognizing the marriage between the LGBTQ+ community would be a violation of the fundamental rights of liberty, equality, life and freedom of expression guaranteed to them by Supreme Court.

The petition filed by Defence Analyst Abhijit Iyer Mitra and three others is being heard by the Delhi High Court. Solicitor General Tushar Mehta responded, “Our culture and law doesn’t recognize the concept of same-sex marriages.”

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