The Union government on Thursday told the Delhi High Court that Indian culture and law “does not recognise the concept of same-sex marriages”. The government stated this in a counter affidavit filed on petitions filed by same-sex couples in the court seeking enforcement of fundamental right of choice of partner.
“As per law, a marriage is only between a husband and a wife,” Solicitor General Tushar Mehta argued in the hearing of the plea for the recognition of same-sex marriages under the Hindu Marriage Act. He also added that the Hindu Marriage Act itself does not recognise same-sex marriages.
A division bench of Justices Rajiv Sahai Endlaw and Amit Bansal was hearing some petitions which sought the recognition of same-sex marriages under the Hindu Marriage Act, Special Marriage Act and the Foreign Marriage Act. SG Mehta had earlier informed the court that the Union government would be filing its reply affidavit on Thursday, which would be a common reply for all the petitioners.
"Despite the decriminalisation of Section 377 of the Indian Penal Code (IPC), the petitioners cannot claim a fundamental right for same-sex marriage," he said in his reply.
One of the couples had sought direction from the court to declare that the Special Marriage Act, 1954 ought to apply to all couples regardless of their gender identity and sexual orientation. The other couple, an Indian citizen and an Overseas Citizen of India are two men who married in Washington DC, USA in 2017. They stated that the Foreign Marriage Act, 1969 discriminates against same-sex couples by denying legal recognition of their marriage, and argued that this was against the Constitution of India.
The pleas filed through advocates Arundhati Katju, Govind Manoharan, Surabhi Dhar and argued by senior advocate Menaka Guruswamy, stated that like any other couple, "the petitioners want their relationship to be blessed and sanctified by society and by law."
"Marriage offers both legal protections and social recognition of the commitment, support and security a couple offer each other, which are even more important in these times of the COVID-19 pandemic," Menaka Guruswamy argued.
(With inputs from IANS)