legal-system-society-dont-recognize-same-sex-unions-govt-tells-delhi-hc

Why in Issue-

  • In same-sex marriage who should be considered as a wife or a husband? Asked Centre representative.
  • The Delhi High Court ruled that same-sex marriage is a matter for the Parliament of India to deal with and not the courts by dismissing a legal challenge brought forward by Tajinder Singh to amend the Hindu Marriage Act, 1955
  • “Our legal system, society, and values do not recognize marriage between same-sex couples” said The Centre on Monday September 14th 2020.
  • Centre representative Solicitor General Tushar Mehta stated the 2018 judgment is merely the decriminalization of homosexuality and lesbianism nothing more or less. 

History-

  • On Feb 15th, 2018, The SC said “no one, either individually or collectively, has the right to interfere in a marriage between two consenting adults”
  • In reference to the case of Shakti Vahini v. Union of India in March 2018 The SC stated adult has the fundamental right to marry a person of their choice
  • A five judge Constitution Bench, on Sept 6, 2018, led by Justice Dipak Misra criminalization of private consensual sexual conduct between adults of the same sex under Section 377 of the Indian Penal Code is clearly unconstitutional.
  • In a verdict issued in April 2019 by The Madras High Court allow transgender women to marry under the Hindu Marriage Act, 1955.

Laws Related to Issue-

  • Section 5 of the Hindu Marriage Act 1955 and the Special Marriage Act of 1956 has no statutory bar.
  • Section 377 criminalizes sexual intercourse with same-gender (Declared unconstitutional On 6 September 2018)
  • Article 21 of the Indian Constitution provides Right to Life and Personal Liberty which includes marrying the person of own choice.