Udayavni Special

Same sex marriages not recognised by our laws, society and our values: Centre to HC


Team Udayavani, Sep 14, 2020, 2:52 PM IST

Image for Representation

New Delhi: The Centre on Monday told the Delhi High Court that marriage between same-sex couples was “not permissible” as it is not recognized by “our laws, legal system, society and our values”.

The submission was made before a bench of Chief Justice D N Patel and Justice Prateek Jalan by Solicitor General (SG) Tushar Mehta during the hearing of a PIL seeking a declaration that same-sex marriages be recognised under the Hindu Marriage Act (HMA) and Special Marriage Act.

Mehta opposed the relief sought in the petition saying “our laws, our legal system, our society and our values do not recognise a marriage, which is a sacrament, between same sex couples”.

He said the plea to grant recognition to or permit registration of such marriages was “not permissible” for two reasons — firstly, the petition was asking the court to legislate and secondly, any relief granted “would run contrary to various statutory provisions”.

“Unless court does violence to various laws, this cannot be done,” he added.

Mehta also said that under the HMA, the various provisions regulating marriages or prohibited relationships talk of husband and wife and therefore, who would be assigned these roles where a same sex couple was concerned.

The bench observed that the world over things were changing, but it may or may not be applicable to India.

It, however, questioned the need for a PIL in the instant case, saying the people who claim to be affected are well educated and can themselves approach the court.

“Why should we entertain the PIL,” it added.

The counsel for the petitioner stated that the affected people were not coming forward themselves as they feared reprisals and therefore, a PIL was preferred.

It asked the lawyer appearing for the petitioner, Abhijit Iyer Mitra, to give details of the persons who were not permitted to register their same sex marriage.

With the direction to place these factual aspects before the court, the bench listed the matter for further hearing on October 21.

The petition has contended that despite the Supreme Court decriminalizing consensual homosexual acts, marriages between same sex couples was still not possible.

Top News

K’taka COVID-19 update: 6997 new cases, 5460 discharges, 38 deaths on Sep 22

MoS Railways Suresh Angadi passes away

Delhi Deputy CM Manish Sisodia hospitalised due to Covid-19

CMS gets contract from Karnataka Bank, Paytm for home delivery of cash

PM reviews COVID-19 situation with CMs, representatives of 7 states with high case load

NCB summons Deepika, Shraddha Kapoor, Sara Ali Khan in drugs case

Eiffel Tower evacuated over bomb threat




Related Articles More

MoS Railways Suresh Angadi passes away

Delhi Deputy CM Manish Sisodia hospitalised due to Covid-19

PM reviews COVID-19 situation with CMs, representatives of 7 states with high case load

NCB summons Deepika, Shraddha Kapoor, Sara Ali Khan in drugs case

Very few entrepreneurs have utilised the services of Mahila E-haat portal: WCD Min

MUST WATCH

‘Road Politics in Times of Pandemic’: St Aloysius Institution reacts to road renaming

Mangaluru Light House Hill Road renamed as Mulki Sunder Ram Shetty Road

Soraba : District Excise Department seized Millions worth of Marijuana | Udayavani

Hospet : Tungabhadra Dam Gates Are Opened | TB Dam | Udayavani

Surathkal: Police arrest four in house burglary case

Latest Additions

K’taka COVID-19 update: 6997 new cases, 5460 discharges, 38 deaths on Sep 22

MoS Railways Suresh Angadi passes away

Hanur: Police find sandalwood along with marijuana during raid

Mercedes Benz launches AMG GLE 53 4MATIC+ Coupe at Rs 1.2 cr

Kukke Subramanya temple to restart ritual offerings at evening

Thanks for visiting Udayavani

You seem to have an Ad Blocker on.
To continue reading, please turn it off or whitelist Udayavani.