Lawstreet Journal

“Our Culture And Law Do Not Recognize The Concept Of Same-Sex Marriages”- SG Mehta To Delhi HC

Lawstreet Journal 15 Sep 2020 9:57pm

Image courtesy: Lawstreet Journal Executive “Our Culture And Law Do Not Recognize The Concept Of Same-Sex Marriages”- SG Mehta To Delhi HC

The Centre opposed the plea filed before the Delhi High Court seeking recognition of the rights of same-sex couples to get married under the Hindu Marriage Act, 1956. The Solicitor General, Tushar Mehta representing the Union of India submitted his arguments stating that same-sex marriages are neither known nor recognized under the Indian culture or the Indian law. The Solicitor General clarified, “Our culture and law don’t recognize the concept of same-sex marriages”

“As per law, a marriage is only between a husband and a wife”, Mehta contended and urged that Hindu Marriage Act didn’t identify any sort of same-sex marriages. The SG further mentions that the culture of a nation is codified in statutory provisions like the degree of prohibited relationship, special or additional rights to “wife”, different age limits of husband and wife, use of terms of “husband” and “wife” (which could not be determined in the same-sex marriages), special protection to “wife” in criminal law such as Section 498-A IPC and many more. He stated that unless these provisions are changed, which the court cannot do, the relief pleaded for cannot be granted.

The Bench was comprising of Chief Justice DN Patel and Justice Prateek Jalan, who have articulated that such a petition should be observed with a broad mind and he acknowledged that the position of the law might be different and the Benchmarked that “changes are happening across the world”. SG Mehta referred to the 2018 Judgment of Supreme Court, Navtej Singh Johar’s case which demanded to legalize consensual homosexual… Continue Reading...


Tagged: same sex marriage   same-sex couples  
Disclaimer: SoOLEGAL in Media collaboration with Lawstreet Journal. SoOLEGAL take no responsbility for the content provided by Lawstreet Journal. For any discrepancies Contact Lawstreet Journal.
Did you find this write up useful? YES 0 NO 0
×

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.
×

SAARTHTo Know More

Launching Soon : SAARTH, your complete client, case, practise & document management SAAS application with direct client chat feature.

If you want to know more give us a Call at :+91 98109 29455 or Mail info@soolegal.com