New Delhi: The Centre told Monday the Delhi High Court that marriage between same sex couples was ‘not permissible’. Same sex marriages are not acceptable as it is not recognised by ‘our laws, legal system, society and our values’.
The submission was made before a bench of Chief Justice DN Patel and Justice Prateek Jalan by Solicitor General (SG) Tushar Mehta. It was done during the hearing of a PIL. The PIL is seeking a declaration that same sex marriages be recognised under the Hindu Marriage Act (HMA) and Special Marriage Act.
Mehta opposed the relief sought in the petition. He pointed out ‘our laws, our legal system, our society and our values do not recognise a marriage, which is a sacrament, between same sex couples’. Mehta said the plea to grant recognition to or permit registration of such marriages was ‘not permissible’ for two reasons. First, the petition was asking the court to legislate. Secondly, any relief granted ‘would run contrary to various statutory provisions’ Mehta said. “Unless court does violence to various laws, this cannot be done,” he added.
Mehta also said that under the HMA, the various provisions regulating marriages or prohibited relationships talk of husband and wife. Therefore, who would be assigned these roles where a same sex couple was concerned?
The bench observed that the things were changing across the world. However, it may or may not be applicable to India.
It, however, questioned the need for a PIL in the instant case. The bench said the people who claim to be affected are well educated. They can themselves approach the court. “Why should we entertain the PIL,” the bench asked.
The counsel for the petitioner stated that the affected people were not coming forward themselves as they feared reprisals. Therefore, a PIL was preferred.
The bench asked the lawyer appearing for the petitioner, Abhijit Iyer Mitra, to give details of the persons who were not permitted to register their same sex marriage. With the direction to place these factual aspects before the court, the bench listed the matter for further hearing on October 21.
The petition has contended that despite the Supreme Court has decriminalized consensual homosexual acts. However, marriages between same sex couples are still not possible.