Court seeks Centre's stand on live telecast of pleas seeking approval for same-sex marriages

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Published : Nov 30, 2021, 4:36 PM IST

Updated : Nov 30, 2021, 5:41 PM IST

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Delhi High Court on Tuesday issued notice to Central Government on an application seeking live streaming of proceedings on petitions for recognition of same-sex marriages. Centre had earlier told Delhi High Court that marriage between two individuals of the same gender is not yet legalised

New Delhi: Delhi High court on Tuesday issued notice to Centre over a plea seeking the live streaming of proceedings on petitions to recognise same-sex marriages. A bench headed by Chief Justice DN Patel and Justice Jyoti Singh also tagged this petition with other similar issues. The next hearing into the matter will take place on February 3, 2022.

Speaking on behalf of the petitioner, Senior Advocate Neeraj Kishan Kaul said that about seven to eight percent of the people across the nation want to hear and see the decision of the court on the matter. The petitioner stated that it is a matter of national importance and live streaming can affect a larger population.

The Delhi High court is examining a batch of petitions filed by several same-sex couples, seeking a declaration recognising same-sex marriages under the special, Hindu and foreign marriage laws.

The Court has issued notice on two petitions in this regard. One of the petitions was filed by Abhijit Iyer Mitra while the other was filed by Dr. Kavita Arora and Ankita Khanna. While hearing the petition on January 8, the court had granted three weeks time to the central government to respond.

Centre had earlier told Delhi High Court that the acceptance of the institution of marriage between two individuals of the same gender is neither recognised nor accepted in any uncodified personal laws or any codified statutory laws.

Centre in its reply to various petitions seeking recognition of same-sex marriages under the Hindu Marriage Act, the Special Marriage Act and the Foreign Marriage Act, has opposed it saying that pleas are unsustainable, untenable and misplaced.

Centre in its reply said that "marriage" is essentially a socially recognised union of two individuals which is governed either by uncodified personal laws or codified statutory laws. One of the petitions urged the Delhi High Court to issue a declaration to the effect that since Section 5 of the Hindu Marriage Act of 1956 does not distinguish between Homosexual and Heterosexual couples, the right of same-sex couples to marry should be recognised under the said Act.

The plea was filed by advocates Mukesh Sharma and Raghav Awasthi. The advocates had said that the petitioners have filed the petition for enforcement of their Fundamental Rights as granted under the Constitution of India.

Read: Delhi HC sets date for hearing same-sex marriage petitions seeking recognition

Last Updated :Nov 30, 2021, 5:41 PM IST
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