The Delhi High Court on Monday heard a PIL seeking the registration of same sex marriages under the Hindu Marriage Act and has adjourned the matter till October 21.
The PIL filed by Advocate Raghav Awasthi and Mukesh Sharma on behalf of the petitioners – defence and strategic affairs expert Abhijit Iyer Mitra, intersex activist Gopi Shankar Madurai, transgender activist G Oorvasi and senior women rights and lesbian activist Giti Thadani – seeks the registration of same sex marriages under Hindu Marriage Act.
Advocate Awasthi submitted before the Court that the petitioners are seeking marriage equality under the Hindu Marriage Act as the benefits available to heterosexual couples are not available to homosexual couples. The Advocate also pointed out that Section 5 of the Act does not say that marriage has to take place between a man and a woman.
The Court asked whether any homosexual couple applied for marriage registration but were denied to which Advocate Awasthi said that such marriages were not registered.
Solicitor General Tushar Mehta representing the Centre stated that as per his legal opinion, the recognition of same sex marriages under the Act would be contrary to prevailing laws.
“What petitioners are seeking cannot be granted. Our legal system, society and values do not recognize marriages between same sex couples”, the Solicitor General said.
He read out section of degree of prohibited relationships under Hindu Marriage Act, saying it refers to ‘man’ and ‘woman’. He also said that “the Supreme Court only decriminalized homosexuality” and “nothing more or less”.
He said that the official stance of the Centre would be put on record before the Court soon.
The bench on its side observed that if there are any aggrieved persons, they can approach the courts and that there was no question of a PIL. The bench also asked to give the names of persons who wish to get registered but are denied.
One of the petitioners Gopi Shankar Madurai is trying to get his marriage registered.
The matter has now been adjourned till October 21.
Click here to know more about the petition.