Centre opposes move to recognise same-sex unions - The Hindu -15-09-2020
The Centre has opposed before the Delhi High Court, a petition seeking recognition of same-sex marriages.
The Centre argued that the Indian legal system, society and values do not recognise marriage between same-sex couples.
The Solicitor General, representing the Centre, said the 2018 judgment of the Constitution Bench of the Supreme Court merely decriminalises homosexuality or lesbianism.
The Solicitor General said the petition was not permissible as it was asking the court to legislate and also that any relief granted “would run contrary to various statutory provisions”.
The petitioner argued that in the absence of a declaration from a court or authority, same-sex couples were being denied registration of their marriage under the 1955 Act. This, the counsel said, was happening despite the Supreme Court’s verdict on IPC Section 377.
It was also argued that the definition within the Hindu Marriage Act does not say that the marriage has to take place between a ‘man’ and a ‘woman’.
The petitioners submitted that the denial of registration impacted both the right to equality and the right to life because benefits available to heterosexual couples were denied to homosexual couples.