The Union government on Monday opposed a Public Interest Litigation (PIL) filed in the Delhi High Court seeking the recognition of rights of same-sex couples to get married under the Hindu Marriage Act, 1955. Solicitor General Tushar Mehta, representing the Union government, opposed the plea, arguing that this cannot be granted as the society, legal system and culture in India do not recognise marriage between same-sex couples. He said, “Our culture and law doesn't recognize the concept of same-sex marriages.”
He further said, “As per law, a marriage is only between a husband and a wife,” while arguing that the Hindu Marriage Act itself does not recognise same-sex marriages. The Solicitor General also said that the Supreme Court’s judgement in 2018 decriminalised homosexuality and ‘nothing more or nothing less.’ He then went on to say that this petition ‘does not even deserve filing of an affidavit.’
The Delhi High Court Bench comprising Chief Justice DN Patel and Justice Prateek Jalan was hearing a plea filed by four members of the LGBTQ community in India- Abhijit Iyer Mitra, Gopi Shankar, Giti Thadani and G Oorvasi.
The bench noted ‘changes are happening across the world’ and such petitions should be viewed with an open mind. The bench also stated that same-sex couples who are married should try to get their marriage registered and if they were denied the same, they should approach the court with their grievances.
Advocate Raghav Awasthi, who appeared on behalf of the petitioners, informed the court that there have been instances where same-sex couples were denied registration.
The court then asked the petitioners to bring all the aggrieved persons on record and granted time till the next court hearing. The matter was adjourned to October 21.
A similar petition had also been filed before the Kerala High Court in January by Nikesh Pushkaran and Sonu MS challenging the Special Marriage Act, 1954. That case is still pending in the Kerala court.