Team  SoOLEGAL

Delhi High Court seeks Centre’s opinion on same sex marriage under Hindu Marriage Act

Team SoOLEGAL 20 Nov 2020 3:32pm

Delhi High Court seeks Centre’s opinion on same sex marriage under Hindu Marriage Act

A plea was filed in Delhi High Court, for accepting registrations of same sex marriages under Hindu Marriage Act, 1955. The Court has asked for a reply from the Centre regarding this plea, and the Centre has been given four weeks of time. The petitioner had stated that, although there is a landmark judgement of Supreme Court, Navtej Singh Johar Vs Union of India [WP (Criminal) No. 76 of 2016], where the Court has decriminalized homosexual sex, but still same sex marriages are not allowed to register under Hindu Marriage Act, 1955.

The petitioner also stated that, in Hindu Marriage Act, 1955, there is not a single provision which states that a marriage should take place only between one Hindu man and one Hindu woman. Under Section 5 of Hindu Marriage Act, 1955, it has been clearly stated that a marriage can be performed between any two Hindus.

The petitioner also stated that, there is no statutory bar against gay marriages under any act, but still gay marriages are not allowed to register throughout the country including the capital city of India.

The petition also stated that, the gay couples must be recognised especially when homosexual sex has been recognised by the Honourable Supreme Court. Lesbian, gay, bi-sexual and transgender must also enjoy their rights in the same manner as they are being enjoyed by other persons. It has also been submitted that, by not recognizing same sex marriages indirectly denies right to equality and right to life. Right to Equality under Article 14 and Right to life under Article 21 of the Indian Constitution are being enjoyed by heterosexual couples only and these rights are not available to homosexual couples.    

The Delhi High Court has given four weeks of time to the Centre to file a reply regarding registration of same sex marriages. 



Tagged: Delhi High Court   Hindu Marriage Act   landmark judgement   Supreme Court   same sex marriages  
Did you find this write up useful? YES 0 NO 0
Featured Members view all

New Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.