By Arré Bench Oct. 14, 2020
The Delhi High Court has sought the Centre’s response on two separate petitions filed by same-sex couples for the legal recognition of their marriage. “We would like to be recognised as full human beings,” said senior advocate Menaka Guruswamy, who has been at the forefront of India’s battle for gay rights.
Two years after a landmark ruling declared that homosexuality was legal in our country, the Delhi High Court is hearing two pleas on why the Special Marriage Act and the Foreign Marriage Act should be interpreted to also apply to the marriages of same-sex couples.
On Wednesday, while hearing pleas filed by two couples — one seeking to get married under the Special Marriage Act, and the other seeking the registration of their US wedding under the Foreign Marriage Act — the HC sought the Centre’s response on the issue.
The bench of Justices Rajiv Sahi Endlaw and Asha Menon also noted that age-old inhibitions have to be shed, after one of the counsels for the Centre, Rajkumar Yadav submitted that this situation has not arisen in 5,000 years of Sanatan Dharma.
Why is 'culture' always cited to oppose positive change? On marital rape law, gay marriage or Sabarimala. 'Culture' is manufactured, not divinely handed.
‘Same-sex marriage not a part of our culture’, says central govt, opposes plea in Delhi HC https://t.co/u8E8xf2Lnv
— rama lakshmi (@RamaNewDelhi) September 14, 2020
“The laws are gender-neutral,” Justice Menon said. “You please try to interpret the law for the citizens of Sanatana Dharma in the country. This is not adversarial litigation… This is for the right of every citizen of the country,” she added, in comments that are being hailed on Twitter as another potential win for the LGBTQ community in India.
The Delhi HC’s plea to the centre to interpret the Special Marriages Act to include same sex marriage could legalise it in India, and is a massive step in the right direction.
Two same sex couples have issued the pleas, and the bench will hear in on Jan 8, 2021 🏳️🌈
— Andre Borges (@borges) October 14, 2020
Delhi HC has issued notice to Centre and Delhi govt on 2 petitions seeking registration of same sex marriages under provisions of Special Marriage Act,1954
If law of country can recognise ‘love of two souls irrespective of gender’ why can’t it recognise their marriage as well?
— Indian Civil Liberties Union (@ICLU_Ind) October 14, 2020
Senior Advocate Menaka Guruswamy, who argued on behalf of the petitioners, also left an impact with her strong arguments. “We would like to be recognised as full human beings,” Guruswamy said before the bench.
In this thread, the brilliant @MenakaGuruswamy argues before the Delhi HC, for same- sex couples to be granted equality under the law and be allowed to legally marry under the special marriage act. https://t.co/5Eq6lynQh0
— Faye DSouza (@fayedsouza) October 14, 2020
With regard to the first couple, who sought to be recognised as married under the Special Marriage Act, Guruswamy told the court that when they approached the concerned sub-divisional magistrate to apply for marriage, they were refused entry into the building. “Only their lawyer was told that since they were a same-sex couple they could not marry,” the senior advocate said.
Hearing on a plea seeking marriage equality for the same-sex couples begins before the DB of Justice Rajiv Sahai Endlaw and Justice Asha Menon at the Delhi HC@MenakaGuruswamy @arundhatikatju #LGBTQIA pic.twitter.com/wqUKXYlOJs
— Live Law (@LiveLawIndia) October 14, 2020
On the plea of the second couple, two men who were recently wedded in New York, Guruswamy said they were denied the registration of their marriage by the Indian Consulate in New York, on the basis of their sexual orientation alone. She reminded the court of a previous Supreme Court ruling, which had ruled out discrimination on the grounds of orientation, and had underscored the right to choose one’s partner.
Guruswamy: Art 21 guarantees every citizen a right to marry a person of his/her choice. This right read in the light of Puttuswamy and Navtej Johar judgment also extends to same-sex couples @MenakaGuruswamy @arundhatikatju #LGBTQIA
— Live Law (@LiveLawIndia) October 14, 2020
When asked if any appeal was moved before the government challenging these bodies, Guruswamy said the petitioners were not allowed such an opportunity. “This is what it means to be right-less,” she was quoted as saying.
The advocate also went on to speak about same-sex couples do not share the same rights as married couples with regard to buying a house, availing of life insurance policies, taking loans, or having a bank account. Again she referred to an SC ruling that had said the purpose of marriage goes beyond mere procreation.
Guruswamy: We're here because the Petitioners seek to be recognised as full citizens of this country @MenakaGuruswamy @arundhatikatju #LGBTQIA
— Live Law (@LiveLawIndia) October 14, 2020
There is massive support for same-sex marriage in the country. #YesHomoVivah was among the top trends on Twitter today.
Hey guys reply with your favourite pic with this hashtag 🙂 pic.twitter.com/EpCSaMoMka
— Vixy/Vicky🎭 (@Vixy_lasts) October 14, 2020
The court has now posted the matter for further hearing on January 8, 2021. But it’s clear for now that today’s hearing has been a small but encouraging step towards ensuring equality and justice for Indians of all orientations.
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