In the latest news it was observed that the Centre today opposed a plea filed before the Delhi High Court seeking to recognize the rights of same-sex couples to get married under the Hindu Marriage Act, 1955.
Solicitor General Tushar Mehta submitted that the concept of same-sex marriage is not recognized under Indian Culture or under Indian Law. He further submitted that the culture of any country is codified in statutory provisions like degrees of prohibited relationship, special or additional rights to wife, different age limits for husband and wife, use of the terms “husband” and “wife” (which cannot be determined in same-sex marriage). Special protection to wife in criminal law such as Section 498-A IPC, etc. Further he urged that unless several statutory provisions are altered, which the court cannot do, the relief as prayed for cannot be granted.
“As per law, a marriage is only between a husband and a wife”, argued Mehta to urge that the Hindu Marriage Act itself did not recognize same-sex marriages.
A bench comprising Chief Justice DN Patel and Justice Prateek Jalan however expressed that such a petition must be viewed with an open mind. Though the position of law might be different, the bench stated that changes are happening across the world.”
However on the other hand Mehta said that the effect of Supreme Court’s 2018 judgment in Navtej Singh Johar’s case was only to decriminalize consensual homosexual activities, nothing more, nothing less. It was stated that legalizing homosexual marriages will not affect the institution of marriage, and not allowing LGBT community of marriage increases rates of psychological disorders.
“The Right to Marry is also stated under Human Rights Charter within the meaning of the right to start family. The Right to Marry is a universal right and it is available to everyone irrespective of their sexual orientation and gender identity.