The Centre on Monday opposed a plea seeking registration of same-sex marriages under the Hindu Marriage Act and Special Marriage Act. The plea came up for hearing in the Delhi High Court in which the Centre said same-sex marriages is not permissible and not recognised by “laws, legal system, society and values”.
Recognising such marriages contrary to statutory provisions
Appearing for the Centre, solicitor general Tushar Mehta said: “Our laws, our legal system, our society and our values do not recognise a marriage, which is a sacrament, between same-sex couples”.
Mehta added that the plea to grant recognition to or permit registration of such marriages was “not permissible” for two reasons. Firstly, the petition was asking court to legislate and secondly, any relief granted “would run contrary to various statutory provisions”.
“Unless court does violence to various laws, this cannot be done,” he added.
The solicitor general explained that under the Hindu Marriage Act, the provisions regulating marriages are related to husband and wife. When it comes to same-sex marriages, who would be assigned these roles, he said.
What did the court say?
The Delhi High Court said that things were changing across the world. But these changes may or may not be applicable to India, it reamrked. The bench, however, questioned the need to file a public interest litigation on the subject.
It said that the people who claim to be affected are well-educated and can approach the court, if required.
Thereafter, the bench questioned the petitioner that why should it entertain the PIL? The petitioner’s lawyer responded to the court query saying that affected people were not coming forth as they feared reprisals. Thus, the lawyer said, a plea was preferred.
Court asked petitioner to give details of affected persons
The petitioner was asked by the court to furnish details of the affected people who were not permitted to register same-sex marriages. The court has now scheduled the next hearing in the case on October 21.
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