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Centre To Delhi High Court

'Our Laws, Values Don't Recognise Same-Sex Marriage': Centre To Court

A plea in High Court was looking for declaration that same-sex marriages be recognised. (Representational)

New Delhi:

The Centre has instructed the Delhi High Court that marriage between same-sex {couples} was “not permissible” as it’s not recognised by “our laws, legal system, society and our values.”

The submission was made earlier than a bench of Chief Justice DN Patel and Justice Prateek Jalan by Solicitor General (SG) Tushar Mehta throughout listening to of a plea looking for a declaration that same-sex marriages be recognised beneath the Hindu Marriage Act (HMA) and Special Marriage Act.

Mr Mehta opposed the reduction sought within the petition saying “our laws, our legal system, our society and our values do not recognise a marriage, which is a sacrament, between same-sex couples”.

He mentioned the plea to grant recognition to or allow registration of such marriages was “not permissible” for 2 causes — firstly, the petition was asking the court docket to legislate and secondly, any reduction granted “would run contrary to various statutory provisions”.

“Unless court does violence to various laws, this cannot be done,” he added.

Mr Mehta additionally mentioned that beneath the HMA, the assorted provisions regulating marriages or prohibited relationships discuss of husband and spouse and subsequently, who could be assigned these roles the place a same-sex couple was involved.

The bench noticed that the world over issues have been altering, however it could or will not be relevant to India.

It, nonetheless, questioned the necessity for a PIL within the on the spot case, saying the individuals who declare to be affected are nicely educated and might themselves strategy the court docket.

“Why should we entertain the PIL,” it added.

The counsel for the petitioner said that the affected individuals weren’t coming ahead themselves as they feared reprisals and subsequently, a plea was most well-liked.

It requested the lawyer showing for the petitioner, Abhijit Iyer Mitra, to offer particulars of the individuals who weren’t permitted to register their same-sex marriage.

With the path to put these factual elements earlier than the court docket, the bench listed the matter for additional listening to on October 21.

The petition has contended that regardless of the Supreme Court decriminalizing consensual gay acts, marriages between same-sex {couples} was nonetheless not attainable.

(Except for the headline, this story has not been edited by NDTV employees and is printed from a syndicated feed.)

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