Every Citizen’s Right: HC Seeks Govt’s Stand on Same-Sex Marriage

The hearing on both matters has been listed for 8 January 2021.

Image used for representational purpose.

(Photo: Erum Gour/The Quint)

The Delhi High Court on Wednesday, 14 October, sought Centre’s response on separate pleas by two same-sex couples, demanding a direction for registration of their marriages.

While one pair is seeking to get married under the Special Marriage Act (SMA), 1954 the other is seeking registration of their wedding in the US under the Foreign Marriage Act (FMA), 1969.

Appearing for the petitioners, senior advocate Menaka Guruswamy argued for the couples to be “recognised as full human beings.”

A bench of Justices Rajiv Sahai Endlaw and Asha Menon, during the hearing, said it has “no doubts regarding maintainability of the petitions, but wanted answers to certain doubts,” reported The Hindu. The matter will next be heard on 8 January, 2021.

‘Peculiar Situation’: Centre’s Lawyer to Court

Appearing for the central government, Rajkumar Yadav told the apex court that this was a “peculiar situation” and it has not arisen “in the 5,000 years of Sanatan Dharma.”

Justice Menon, however, responded with:

“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.”

The bench issued notice to the Centre and the Delhi government, seeking their answer on the plea by two women seeking to get married under the SMA.

While another notice was sent to Centre and Consulate General of India in New York by two men, who got married in the US, but were denied registration of their marriage under the FMA.

(With inputs from Hindu and NDTV)