Delhi HC to hear petitions for legal recognition of same-sex couples

However, the Centre had opposed the matter and said that the petitions were unsustainable, untenable, and misplaced, while it sought their dismissal, and argued that the marriage was essentially a socially recognized union of the two individuals which was governed by uncodified personal laws or the codified statutory laws.

On Tuesday, the Delhi High Court has scheduled to hear a batch of petitions which sought legal recognition of same-sex couples.

The matter was last heard on May 24 by the court when Tushar Mehta, Solicitor General, sought an adjournment date because of the rise in the COVID-19 situation during that time.

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The matter was adjourned for July 6 by a division bench of Justice Rajiv Sahai Endlaw and Justice C Hari Shankar. The petitioners had said that the LGBT community members were forced to suppress their feelings for getting married to a person of their own choice or of similar gender, the petitioners also mentioned that denying the LGBT community from marriage was discriminatory and created them as a second class of citizens.

However, the Centre had opposed the matter and said that the petitions were unsustainable, untenable, and misplaced, while it sought their dismissal, and argued that the marriage was essentially a socially recognized union of the two individuals which was governed by uncodified personal laws or the codified statutory laws.

In response to the petitions, it mentioned to the Delhi High Court that the acceptance of the institution of marriage between the individuals of same-gender was neither recognised nor accepted in any uncodified personal laws or any codified statutory laws.

The petitioners have sought recognition under the Hindu Marriage Act, The Specials Marriage Act, and the Foreign Marriage Act.