Solicitor General Tushar Mehta opposed a plea seeking a declaration that same-sex marriages be recognised under the Hindu Marriage Act (HMA) and Special Marriage Act.
Marriage between same-sex couples was “not permissible” as it is not recognised by “our laws, legal system, society and our values”, the centre told the Delhi High Court today.
Making submission before the bench comprising of Chief Justice DN Patel and Justice Prateek Jalan, Solicitor General Tushar Mehta opposed a plea seeking a declaration that same-sex marriages be recognised under the Hindu Marriage Act (HMA) and Special Marriage Act.
Mehta, suggesting that “our laws, our legal system, our society and our values do not recognise a marriage, which is a sacrament, between same-sex couples”, opposed the the relief sought in the petition.
Plea to grant recognition to or permit registration of such marriages was “not permissible” for two reasons — firstly, the petition was asking the court to legislate and secondly, any relief granted “would run contrary to various statutory provisions”, Mehta stressed.
“Unless court does violence to various laws, this cannot be done,” he further added.
Various provisions regulating marriages or prohibited relationships talk of husband and wife under the Hindu Marriage Act. He also asked who would be assigned these roles where a same-sex couple was concerned.
The world over things were changing, but it may or may not be applicable to India, the bench observed.
However, the bench also questioned the need for a PIL in the instant case, saying the people who claim to be affected are well educated and can themselves approach the court.
“Why should we entertain the PIL,” the bench asked.
The affected people were not coming forward themselves as they feared reprisals, the counsel for the petitioner stated, adding that therefore plea was preferred.
Abhijit Iyer Mitra, the lawyer appearing for the petitioner, was asked by the court to give details of the persons who were not permitted to register their same-sex marriage.
The bench listed the matter for further hearing on October 21, directing to place these factual aspects before the court.
Despite the Supreme Court decriminalizing consensual homosexual acts, marriages between same-sex couples was still not possible, the petitioner has contested.
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