In 2018, in a landmark judgement, the Supreme Court of India decriminalised homosexuality.
Now, a petition was filed in the Delhi High Court asking the Court to recognize the rights of same-sex couples, specifically their right to get married under the Hindu Marriage Act of 1956.
Solicitor General Tushar Mehta represented the Union of India in the hearing and said that the act in itself does not have the room to recognize same-sex couples as the according to the Act the roles of the ‘wife’ and the ‘husband’ are very clearly defined. He went on to say that, “Our culture and law don’t recognize the concept of same-sex marriages.” He added, “My legal take is that it is not permissible.”
Hearing on petition seeking marriage equality for LGBTQ persons begins before the Delhi High Court #LGBTQ
— Live Law (@LiveLawIndia) September 14, 2020
Tushar Mehta argues that SC in Navtej Jauhar only decriminalises homosexuality, nothing more or less.
'This matter doesn't even deserve filing of an affidavit', he argues#LGBTQ
— Live Law (@LiveLawIndia) September 14, 2020
