Marriage is a term associated with a biological man and a biological women: Centre to HC

26th Oct, 2021

Marriage is a term associated with a biological man and a biological women: Centre to HC





The Centre argued on Monday before the Delhi High Court that the law is settled that marriage is a term related with a biological man and a biological woman, after a brief hearing, the court listed petitions looking for recognition and registration of same-sex marriages under existing laws for a final hearing on November 30.

At least five petitions are pending before the court seeking legalisation of same-sex marriages under the Hindu Marriage Act, Special Marriage Act (SMA), Foreign Marriage Act (FMA) and a announcement that the right to legal recognition of same-sex marriage is a fundamental right under Articles 14, 15, 19 and 21 of the Constitution, irrespective of a person’s gender, sex or sexual orientation.

At the outset of Monday’s hearing, advocate Karuna Nundy, who represents one of the couples in the case, stated that pleadings are not complete as a counter-affidavit has not been filed in her matter which has a distinct prayer.

Solicitor General of India Tushar Mehta submitted that pleadings have been filed and only a question of law is involved.

The Centre had said that despite the decriminalisation of IPC Section 377, the petitioners cannot demand a fundamental right for same-sex marriage under the laws of the country. It further said that the Supreme Court in 2018 decriminalised “a particular human behaviour” which was a crime under IPC Section 377 but the “said judgment was neither intended to, nor did in fact, legalise the human conduct in question”.