Despite major changes in laws and norms marriage between same-sex couples is “not permissible” in India as it is not recognised by “our laws, legal system, society and our values”, the central government told the Delhi High Court on Monday.
The issue has been raised for same-sex marriage and the rights of LGBT people around the world. Public belief on the acceptance of homosexuality in society remains suddenly divided
- Economic development
The suggestion was made by Solicitor General Tushar Mehta before the high court during the hearing of a PIL seeking a declaration that same-sex marriages be documented under the Hindu Marriage Act and Special Marriage Act.
Tushar Mehta argued that “our laws, our legal system, our society and our values do not recognise a marriage, which is a sacrament, between same-sex couples”, in front of a bench of Chief Justice D N Patel and Justice Prateek Jalan.
Mehta said the 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
- Secondly, any relief granted “would run contrary to various statutory provisions”.
The petition has resisted that despite the Supreme Court decriminalizing consensual homosexual acts, marriages between same-sex couples was still not possible.
Tushar Mehta also said that under the HMA the various provisions regulating marriages or prohibited relationships conversation of husband and wife and therefore who would be allotted these roles where a same-sex couple was concerned.
The bench listed the matter for further hearing on October 21.