On Monday, the Centre opposed a petition in the Delhi HC seeking to recognise the right of same-sex couples to get married, reported Live Law. The Centre said that Indian culture does not recognise the concept of same-sex couples to get married.
The bench replied that they needed to assess the petition with an open mind. The court said that changes are happening around the world.
On September 8, the filed petition stated that the 1995 Hindu Marriage Act permitted the marriage of any two Hindus without any discrimination between homosexual and heterosexual.
The Centre was represented by the Solicitor General Tushar Mehta who said that the law states that marriage is only between man and wife.
The petition was filed by Tamil Nadu intersex activist Gopi Shankar M, journalist and defence analyst Abhijit Iyer Mitra, transgender activist G Oorvasi, and Giti Thadani, founder member of lesbian archive Sakhi.
The petitioners argued that “despite the fact that there is absolutely no statutory bar under the Hindu Marriage Act of 1955 and the Special Marriage Act of 1954 against gay marriage, the same are not being registered throughout the country and also in the National Capital Territory of Delhi”.
They added that to deny the right to get married violates the fundamental rights of the LGBT community.
The plea said by citing Article 21 of the constitution that right to marry was an admitted part of Right of Life. It added that discrimination of rights to one community which is enjoyed by another community violates the Right of Equality.
The Delhi HC suggested that the petitioners should first register their same-sex marriage and should move the court if their registration is being denied. Advocate Raghav Awasthi, appearing for the petitioners, told the court that there have been such instances but added that the couples were unwilling to appear before the court.