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Gay Marriage be Allowed Under Hindu Marriage Act, Says PIL in Delhi HC; Cites No Mention of Sex in Law

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The plea states that whereas the apex court docket in its 2019 judgement recognised proper to decide on a sexual id as a part of Right to Privacy and particular person autonomy beneath Article 21, Right to Marry is part of Right to life and is included beneath the identical act within the structure.

  • News18.com New Delhi
  • Last Updated: September 14, 2020, 12:19 AM IST

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A PIL has been filed in Delhi High Court searching for recognition of same-sex marriage beneath the Hindu Marriage Act years after the Supreme Court’s landmark judgement decriminalised homosexuality within the nation.

The public curiosity litigation filed earlier this week urged the court docket to challenge a declaration to the impact that since Section 5 of the Hindu Marriage Act of 1956 mentions that “marriage can be performed between ‘any two Hindus'” and doesn’t distinguish primarily based on intercourse or gender, the appropriate of same-sex {couples} to marry must be acknowledged beneath the stated Act.






“Despite the fact act that there is absolutely no statutory bar under the Hindu Marriage Act of 1965 and the Special Marriage Act 1954 against gay marriage, the same are not being registered throughout the country and also in the National Capital Territory of Delhi,” the plea learn, stories Live Law.

The PIL filed by advocates Raghav Awasthi and Mukesh Sharma on behalf of activists and members of the LGBTQ group together with Abhijit Iyer Mitra, Gopi Shankar M, Giti Thandani and G Oorvasi. It argued that the non recognition of the rights of homosexual {couples} particularly when the Supreme Court has recognised their sexuality violates numerous provisions of the Indian Constitution.

The plea states that whereas the apex court docket in its 2019 judgement recognised proper to decide on a sexual id as a part of Right to Privacy and particular person autonomy beneath Article 21, Right to Marry is part of Right to life and is included beneath the identical act within the structure.

“That Right to Marry is also stated under Human Rights Charter within the meaning of the right to start a family. The Right to Marry is a universal right and it is available to everyone irrespective of their sexual orientation and gender identity,” it stated.

The plea stated many “benefits that would otherwise be available to heterosexual married couples that are not available to them,” including that the prohibition of marriage of LGBT folks on the idea of sexual orientation is violative of their Right to Equality.


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