Latest News
Back
Document:
Centre to File Reply to Various Pleas Regarding Same-Sex Marriage in Delhi High Court
Tushar Mehta, Solicitor General informed Justice Rajiv Sahai Endlaw and Justice Amit Bansal of the High Court of Delhi that the centre would file an affidavit on February 25 in reply to the petitions that had been filed seeking recognition of marriage between same-sex couples under the Special Marriage Act, the Hindu Marriage Act, and the Foreign Marriage Act. The centre had requested more time to submit a reply affidavit in the previous hearing.
Previously, the Solicitor General had expressed his opposition towards the pleas and had stated that marriage between people of the same sex is not recognized by either the Indian culture or the Indian laws. He further said that marriage is a union of only a man and a woman and the Hindu Marriage Act does not recognize marriages between homosexual couples, in response to a plea regarding the Hindu Marriage Act. He had also submitted that the culture of a country is codified in its laws and statutory provisions, and unless these provisions are altered or amended, which the court cannot do, the demands mentioned in the petitions cannot be fulfilled.
It may be noted that last year the High Court of Uttrakhand had ruled that although same-sex couples are not allowed to marry, they can cohabitate. (document attached below)
SG Tushar Mehta informed the court that the centre would be filing the reply affidavit as a common response to all the petitioners. The petitioners were directed by the bench to file their replies to the centre's affidavit within two weeks of its submission. The court then asked the parties if conducting the next hearing in April would be convenient for all of them and if there was any urgency from either party. Menaka Guruswamy, the counsel of the petitioner said that there was an urgency, to which the solicitor general replied that there were more urgent and genuine issues and that urgency is always relative.
The court has scheduled the next hearing for April 8th.
Document:
