The Center on Monday rejected a petition calling for the legalization of marriage for gay couples under the 1955 Hindu Marriage Law even when the Delhi Supreme Court noted that changes were taking place around the world and had to be considered whether it was applicable to India.
The petition was filed last week by four members of the lesbian, gay, bisexual, transgender and transgender (LGBTI) community who called for Article 14 (right to equality), Article 21 (right to life) and Article 25 (freedom). of religion) to argue that the right to marriage for same-sex couples was part of this fundamental right.
“These marriages are contrary to the provisions that are already in force in our society. Our values do not recognize a marriage, which is sanctifying, between two persons of same-sex marriage, “Attorney General Tushar Mehta, leaving for the Center, told a jewel consisting of Delhi High Court President DN Patel and Justice Prateek Jalan.
Mehta clarified that he was expressing his personal opinion.
The Public Interest Trial (PIL) filed on 8 September claimed that Article 5 of the Hindu Marriage Act did not specify that marriage should take place between a Hindu man and a Hindu woman, but instead refers to marriage between “two Hindus”. “.
“It does not comply with constitutional values,” Mehta said.
For this, Justice Jalan said that changes have taken place all over the world and when two men get married in a foreign country, neither is considered a woman. He further said that all aspects of prayer will need to be considered.
The Supreme Court had decriminalized homosexuality but had not foreseen anything further, Mehta told the court, referring to the September 6, 2018 decision of a five-judge constitutional court chaired by the then Chief Justice of India, Dipak Mishra, i who read Article 377 of the Indian Penal Code.
Mehta later clarified to the Hindustan Times that while he had not yet received instructions from the Center, he had shown the court the legal provisions to show that the law did not allow same-sex marriages. “I said that the culture of each country is codified in a statutory law such as Forbidden Relationships, special or additional rights for ‘wife’, different age limits for ‘husband’ and ‘wife’, use of terms” “man” and “woman” “(Which can not be determined in same-sex marriages), etc., special protection against” woman “in criminal law such as Article 498-A of the CPC, etc. Unless certain legal provisions (which the court cannot make) relief as he prayed because it can not be granted, ”said Mehta.
Appearing to the applicants, Raghav Awasthi told the court that the fundamental rights of gay couples were being violated, even though there was no legal ban on such marriages.
There are many benefits provided in the Hindu Marriage Act, which cannot be benefited by its claimants, he said. “Today the case was brought before the honorable court of Delhi. The learned Chief Justice has asked us to provide details about the people who tried to get married and did not do so after passing the verdict on Navtej Johar. We will do the same thing, ”Awasthi told HT.
The petition was filed by transgender rights activist Gopi Shankar, lesbian collective founder Sakhi Giti Thadani, transgender rights activist G Oorvasi and Abhijit writer Iyer Mitra.
Stoli stated that the injured party could have moved the court in their personal capacity instead of filing a PIL, and asked the attorney to register all persons whose marriages were not registered due to same-sex marriage. The case will be heard on October 21.
The petition pointed out that in 2018, the Supreme Court read Article 377 of the Indian Penal Code, which criminalized homosexuality.
“Ignorance of the rights of gay couples, especially when their sexuality is recognized as such by the Supreme Court of India is a violation of various provisions of the Constitution of India as well as various conventions that India as a sovereign state is the signatory of this, “the petition said.
“The change in marriage laws must be secular and broad-based. To claim that the Hindu Marriage Act should recognize same-sex marriages because Hinduism recognizes it, suffers from two errors. The Hindu Marriage Act is definitely anti-scripture. It was brought in 1955 to change Hindu law and undo the regressive elements of the scriptures that were included in the law. The act was an attempt at reform, rather than involving revered scripture practices. Second, it matters little whether the Hindu scriptures recognize same-sex marriage or not. There will be a lot of debate or it was, but that is besides the issue. Marriage for members of the LGBTQI community should be allowed because the Constitution requires it, ”said High Court lawyer Saurabh Kirpal, who appeared before plaintiffs in the Navtej Johar case, which led to the decriminalization of homosexuality in 2018.
(With data from Murali Krishnan)
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