'Our Laws, Value System and Society don't recognize Same-Sex Marriage', Centre tells Delhi HC

The Centre today opposed a plea filed before the Delhi High Court seeking recognition and registration of same-sex marriages under the Hindu Marriage Act, 1956.

Solicitor General of India Tushar Mehta before the division bench of Chief Justice D.N. Patel and Justice Prateek Jalan submitted that such registration is not permissible as the prayer, if granted, would run contrary to the statutory provisions already in place.

“Our law, society, values don’t recognise marriage – which is a sacrament – between a same-sex couple,” submitted Mehta in the Delhi High Court, adding that one has to a man and a woman for a marriage to not fall within degrees of the prohibited relationship under the Hindu Marriage Act.

Mehta also submitted that the judgment of the constitutional bench of the Supreme Court “merely decriminalizes homosexuality or lesbians. Nothing more, nothing less”.

The counsel representing petitioner Abhijit Iyer Mitra and others earlier submitted that such marriages were not being registered in absence of any declaration. It was argued that the Supreme Court has already ruled that there is no legal bar on homosexual relationships. The denial of registration is violative of the right to equality and right to life, it was argued.

The court on Monday adjourned the case to October while asking petitioner counsel to bring on record the facts or instances where persons are aggrieved of non-registration of such marriage.

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