Lawstreet Journal

'Make Registration of Same-Sex Marriage Either Religion-Neutral or Under Secular Law Only': Plea in Delhi High Court States

Lawstreet Journal 4 Dec 2021 2:31am

Image courtesy: Lawstreet Journal Judiciary 'Make Registration of Same-Sex Marriage Either Religion-Neutral or Under Secular Law Only': Plea in Delhi High Court States

Sewa Nyaya Uttahn Foundation, an NGO moved the Delhi High Court seeking to intervene in the plea filed for registration of marriages of LGBTQIA couples under the Hindu Marriage Act, 1956.


The application filed through Advocate Shashank Shekhar Jha states that approval with regards to same sex marriage under Hindu Marriage Act and not in other Personal Laws existing in India will discriminate people from LGBT community on the basis of religion.


Based on the above grounds it was held that marriages should either be registered under secular law like Special Marriage Act or must be allowed under all religious laws such as Muslim Marriage Law and Sikh's Anand Marriage Act.

Furthermore, it was contended that as per Hinduism, Vivah is not a contract but a religious activity. Thus, it is contended that any attempt to change the Hindu Marriage Act in a way that it causes disruption in the age-old harmless beliefs of Hindus will be a direct intrusion by the secular state into the religious rights of Hindus that is guaranteed by the Constitution.

The contentions were- 

“The instant petition is seeking same-sex marriage under Hindu Marriage Act, 1956 is not only against the religious system of Hindu Marriage but is also an act to bring changes abruptly without any reason. This change will impact other aspects like inheritance, adoptance and religious ecosystem of Hindu society that are critically hinged on the religious sanskar of Vivah."

It further stated that-

“legitimizing… Continue Reading...

Tagged: Delhi High Court  
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