Same sex couples file plea in HC seeking solemnization of marriage

The Delhi High Court on Wednesday sought response from the Centre and others over petitions filed by two same sex couples seeking enforcement of fundamental right of choice of partner The court also observed that law is genderneutralAs they sought inclusion of solemnization of same sex marriage under the Special Marriage Act 1954 and the Foreign Marriage Act 1969 a division bench of the high court presided by Justices Rajiv Sahai Endlaw and Asha Menon issued notice to the Centre and the Delhi governmentWhile one couple has sought direction to declare that the Special Marriage Act 1954 ought to apply to all couples regardless of their gender identity and sexual orientation and reading the SMA so as to apply to all couples irrespective of their gender identity and sexual orientationThe other couple an Indian citizen and an Overseas Citizen of India are two gay men who married in Washington DC US in 2017 states that the Foreign Marriage Act 1969 inasmuch as it discriminates against samesex couples by denying legal recognition of their marriage is ultra vires Articles 14 15 19 and 21 the Constitution of India and ought to be read down to extend to samesex couples plea saidThe pleas filed through advocates Arundhati Katju Govind Manoharan Surabhi Dhar and argued by senior advocate Menaka Guruswamy stated that like any other couple the petitioners want their relationship to be blessed and sanctified by society and by lawMarriage offers both legal protections and social recognition of the commitment support and security a couple offer each other which are even more important in these times of the Covid19 pandemic she saidSenior advocate Guruswamy argued I follow that trail of couples who come for protection to this court She added that she has seen the high court protect multiple couples who were put at jeopardy because they married across caste lines faiths etc I am seeking the same protection the senior counsel saidShe further submitted before the court that multiple judgements have stated sexual orientation cannot be a ground for discriminationWhile appearing for the Centre advocate Raj Kumar Yadav said In Sanatana Dharma in the last 5000 years this kind of situation we have not faced This is a peculiar situation we need to look at the history of Sanatan DharmaPlease try to interpret the law in favour of the rights of the citizens of the Sanatan Dharma country The law is genderneutral dont see this petition as adversarial said Justice Asha Menon responding to the submissions made by the Central government counselFollowing these arguments the bench noted that the said case shall not be treated as adversarial that it concerns rights of citizens The court will now hear the matter next on January 8Keep scrolling to read more newsCatch up on all the latest Crime National International and Hatke news here Also download the new midday Android and iOS apps to get latest updates MidDay is now on Telegram Click here to join our channel middayinfomedialtd and stay updated with the latest newsThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever