Centre to HC: The Centre argued Monday before the Delhi High Court that marriage is a term connected with a biological man and a biological woman. Following a brief hearing, the court scheduled a final hearing on November 30 for applications seeking recognition and registration of same-sex marriages under existing legislation.
At least five petitions have been filed with the court, seeking legalization of same-sex marriages under the. Hindu Marriage Act, Special Marriage Act (SMA), and Foreign Marriage. Act (FMA), as well as a declaration that the right to legal recognition of same-sex marriage is a fundamental right under. Articles 14, 15, 19, and. 21 of the Constitution, regardless of a person‘s gender, sex, or sexual orientation.
Centre to HC: At the start of Monday’s hearing, lawyer. Karuna Nundy, who represents one of the couples in the case, claimed that
Tushar Mehta, India’s Solicitor General, claimed that pleadings had been filed and that only a legal matter remained.
For instance, “Everything hinges on whether your Lordship accepts the submission on the issue of marriage and registration. And if it must be between a biological man and a biological woman.” “It would determine the entire situation,” Mehta stated.
“The law, whether with or without the Navtej. Singh Johar case. “The proposed marriage is between a biological man and a biological woman,” Mehta stated.
Therefore, In a written reply to the court in February, the Centre argued that a marriage in. India must rely on “age-old customs, rituals, practices, cultural ethos. And societal values,” and that living together as partners and having a sexual relationship by. Same-sex individuals is “not comparable” to the. “Indian family unit concept” of a husband, wife, and children. It also stated that there is a “legitimate governmental interest” in only recognizing marriage between people of opposite sexes.
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