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  
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