Updated: September 15, 2020 1:54:54 am
Just over two years after the Supreme Court decriminalized consensual homosexual relationships, the Center on Monday rejected a petition seeking same-sex marriage registration under the 1955 Hindu Marriage Law, claiming that the law, the legal system, society, our values do not recognize such unions.
India’s Attorney General Tushar Mehta made the submission at the beginning of the hearing before a Section of the Division of Chief Justice DN Patel and Justice Prateek Jalan.
“Depending on my acquisition instructions (from the government), my legal acquisition is that it is not permissible,” Mehta told the court.
Allowing the prayer would be contrary to existing legal provisions, SG said. “Our law, legal system, society, our values do not recognize marriage which is a sacrament between a same-sex couple,” he said.
One of the couples must be a man and the other a woman to fall or not fall within the degrees of the relationship prohibited by law, he added.
This is not according to my instructions. I have checked the law and if and until the court commits violence against many provisions of the law, this can not be allowed, said Mehta.
He submitted that he would not even file an affidavit in response to guilt in the public interest, and would rely solely on legal provisions. Referring to specific provisions regarding domestic violence, Mehta asked: Who will be treated as a woman (in a same-sex marriage)?
By order of the Supreme Court, on September 6, 2018, for the reading of Article 377 of the IPC, Mehta presented: The Judgment of the Constitution simply decriminalizes homosexuality or lesbians. Nothing more, nothing less.
The Supreme Court questioned the need for the PIL to appear in the case and told the lawyer for the applicants that persons could come to court in case of refusal of registration. Postponing the case on October 21, the court asked the lawyer to bring record cases, or facts regarding the denial of registration of same-sex marriage.
Stoli had previously noticed that changes were happening all over the world and that this would keep an open mind while listening to the issue at its core. What our constitutional values demand, we will see …, said the court.
Attorney Raghav Awasthi, who appeared before applicant Abhijit Iyer Mitra and others, argued that in the absence of a statement from a court or authority, same-sex couples were denied registration of their marriage under the 1955 Act. said the lawyer, was happening despite the Supreme Court ruling on Article 377 of the IPC. It was also argued that the definition within the Hindu Marriage Act does not say that marriage should take place between a man and a woman.
Awasthi argued that denial of registration affected both the right to equality and the right to life because the benefits available to heterosexual couples were denied to gay couples.
The court was told that one of the applicants wanted to register his marriage and that some couples who had been refused registration were reluctant to go to court.
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