Delhi HC seeks govt's response on plea by 2 same-sex couples seeking to legalise...

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Home / India News / Delhi HC seeks govt’s response on plea of 2 same-sex couples seeking legal recognition of their marriage

The Delhi high court on Wednesday sought the government’s response on two separate petitions filed by same-sex couples relating to registration of marriage under the provisions of Special Marriage Act and Foreign Marriage Act.

A bench of Justice Rajiv Sahai Endlaw and Justice Asha Menon issued notice to the Centre and Delhi government and posted the matter for further hearing on January 8.

The court said that age-old inhibitions have to be shed after advocate Rajkumar Yadav, one of the counsels for the Centre, submitted that this situation has not arisen in the 5,000 years of Sanatan Dharma.

“We may shed our inhibitions. The laws are gender-neutral. Please try to interpret the law for the citizens of Sanatan Dharma in the country. This is not an adversarial litigation. This is for the right of every citizen of the country,” Justice Menon said.

The couples’ petitions argued that the non-recognition of marriage between LGBTQ persons violated the fundamental rights of liberty, equality, life and freedom of expression guaranteed to them by the Supreme Court.

The Delhi high court is already hearing a petition filed by defence analyst Abhijit Iyer Mitra and three others. “Our culture and law doesn’t recognise the concept of same-sex marriages,” solicitor general Tushar Mehta, appearing for the Centre, had responded to that petition last month.

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