Delhi HC seeks Centre 's stand on same sex marriage.
The Delhi High Court asked for Centre's take on two recent and separate petitions filed by same sex couples for accommodation of all the citizens regardless of their gender and sexual orientation under Special Marriage Act (SMA) and Foreign Marriage Act (FMA) on Wednesday. This would be a crucial step to inculcate inclusive and acceptance towards LGBTQ community and safeguard their rights.
The Bench of Justices Rajiv Sahai Endlaw and Asha Menon made it very clear that they could find no reason to hold this case on the backseat. Moreover, they are willing to take it forward but they want to clear some air over the doubts about the definition of marriage as prescribed by customary law. This is to get a clear idea of the fronts to challenge while proceeding further. Both SMA and FMA had no clear cut dimensions to bound marriage by sexual preferences.
The Bench raised an issue about dimensionless definition. They said “When something in India doesn't abide by the convention or doesn't confide the authorities then its acceptance may be dwindled or neglected." This could create a conflict of opinions in the legal scenario proving to be hysterical for petitioners. Marriage under Indian law is customary rather than statutory. So, a clear definition of marriage needs to be carved irrespective of gender or sexual orientation grounds. The High Court adjourned the hearing on 8 January 2020.
One of the pleas is from two women who have been together for 8 years. They faced every challenge ambushed by life, supporting each other in every phase of life and looking forward to heading their life together. They knocked the threshold of Sub Divisional Magistrate Kalkaji for their marriage registration under SMA. While the other plea has been forwarded by two men who married in United States but their marriage documentation was denied on the grounds of non inclusion of same sex marriages under FMA.
This might cause bigotry of firm ideas in this country but is a necessary step to be acknowledged in this direction. Couples demand all the rights and privileges just like other married couples to take each other as their life partners in the eyes of law. This enquiry will deal with the significance of 1955 Marriage Act, the cascading guidelines it encompass and the amendments it needs to undergo for legalization of same sex marriage.
The Brief. Sign up to receive the top stories you need to know right now.