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Allahabad HC Rejects Lesbian Couple’s Plea for Recognition of Marriage, UP Govt Caites 'Hindu Culture'

Team SoOLEGAL 20 Apr 2022 11:00am

Allahabad HC Rejects Lesbian Couple’s Plea for Recognition of Marriage, UP Govt Caites 'Hindu Culture'

New Delhi: On Thursday, April 14, the Allahabad High Court denied a plea by two women to recognise their marriage, arguing that such a union was not prohibited by the Hindu Marriage Act.

The Uttar Pradesh government's counsel opposed to the plea, claiming that same-sex marriage was against Indian culture and religion. The women claimed that the Hindu Marriage Act only mentions marriage between two people and that homosexual marriage is not prohibited by the law."In Hindu culture, marriage is one of the 'sanskar' and can be done between a man and a woman (sic)," the state government counsel stated.

"Our country is managed on the basis of Indian culture, religion, and law. Marriage is a sacred 'sanskar' in India, whereas marriage is a contract in other countries," the counsel said.

The state government also argued that a marriage in the absence of a man and a woman could not be accepted in the Indian context because it went against the Indian family concept."It will have a negative impact on several Indian laws that were enacted with men and women in mind," the state government stated.

As a result, the court denied the women's motion. It also dismissed the mother's habeas corpus petition, in which she sought custody of her 23-year-old daughter, whom she said had been kept illegally by a 22-year-old woman.

On September 6, 2018, the Supreme Court struck down Section 377 of the Indian Penal Code, which had effectively criminalised homosexual relationships in India for over a century. The government, on the other hand, had requested that the Supreme Court refrain from ruling on related issues such as LGBT marriage rights. On April 7, the women appeared in the court of Justice Shekhar Kumar Yadav, claiming that they had "married" and pleading for the union to be recognised.

Marriage, according to the Union government, is a term associated with a "biological man" and a "biological woman."

The Union government told the Delhi high court in February 2021 that the supreme court had only decriminalised "a particular human behaviour" by reading down Section 377 of the IPC, but "neither intended to, nor did in fact, legitimise the human conduct in question."

The Union government was responding to three petitions seeking that same-sex marriage be legalised.

The government had asserted that living together as partners or in a relationship with a same-sex individual is "not comparable" to the "Indian family unit concept" of a husband, wife, and children, claiming that marriage has "sanctity."

Despite various petitions stating that the right to legal recognition of same-sex marriage is a fundamental right guaranteed by Articles 14, 15, 19, and 21 of the constitution, regardless of a person's gender, sex, or sexual orientation, the Union government has always adhered to the "Indian" definition of marriage.



Tagged: Hindu Marriage Act   Section 377   LGBT  
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