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"Our Law,Values and Society Don't Recognise Same-Sex Marriage": Centre To Court
The bench observed that the world over things were changing, but it may or may not be applicable to India.
"Our Law, Values, And Society Don't Recognise Same-Sex Marriage": Centre To Court
New Delhi: Today the centre has told the Delhi High Court that marriages between the same-sex couple were "not permissible" as it not recognized by "our laws, legal system, society, and our values."
The submission was made before the bench of the Chief Justice DN Patel and Justice Prateek Jalan by Solicitor General Tushar Mehta during the hearing of the plea seeking a declaration that same-sex marriages to be recognized under the Hindu Marriage Act (HMA) and Special Marriage Act.
Solicitor Mehta opposed the relief sought in the petition saying that "our laws, our legal system, our society, and our values do not recognise a marriage, which is a sacrament, between same-sex couples".
He said that the plea to grant recognition to ir permit registration of such marriages was "not permissible" for two reasons -- firstly, the petition was asking the court to legislate, and secondly, any relief granted "would run contrary to various statutory provisions".
"Unless court does violence to various laws, this cannot be done," he added.
Solicitor Mehta said that under the HMA, various provisions regulating marriages or prohibited relationships talk of the husband and wife and therefore, who would be assigned these roles where a same-sex couple was concerned.
However, it questioned the need for the PIL in the instant case, saying that the people who claim to be affected are well educated and can call themselves approach the court.
"Why should we entertain the PIL," it added.
Meanwhile, the counsel for the petitioner stated that the affected people were not coming forward themselves as they feared reprisals and therefore the plea was preferred.
It also asked the lawyer appearing for the petitioner to give the details of the persons who were not permitted to register their same-sex marriage.
However, the petition has contended that despite the Top Court decriminalizing the consensual homosexual acts marriages between same-sex couples were still not possible.