Plea in Delhi HC opposes legalisation of same-sex marriages under Hindu Marriage Act

What is the news?

A plea, by an NGO, before the Delhi High Court, has sought that same-sex marriages should not be permitted under the Hindu Marriage Act.

Background: The plea comes at a time when at least eight petitions seeking legalisation of same-sex marriages in India under the Hindu Marriage Act (HMA), the Special Marriage Act and the Foreign Marriage Act, are pending before the High Court.

They have also sought a declaration that legal recognition of same-sex marriages is a fundamental right.

It must be noted that in 2018, the Supreme Court overturned a previous judgment and ruled that consensual homosexual sex was not a criminal offence.

However, same-sex marriages are yet to be recognised in the country.

What are the key points in the petition?

The NGO has stated that,

– Under the Hindu customs, two people of opposite sex can marry to give sanity to the family system and purpose of legitimacy to children.

– Any attempt to tinker with Hindu Marriage Act in a way that it affects the age-old harmless beliefs of Hindus will be a direct intrusion by secular state into the religious right of Hindus that is guaranteed by the Constitution.

– The petition seeking recognition of same-sex marriage under HMA was not reasonable when at the same time it was not permitted under the marriage laws pertaining to other religions.

– Judicial interference will cause complete havoc with the delicate balance of personal laws.

Source: This post is based on the article “Plea in Delhi HC opposes legalisation of same-sex marriages under Hindu Marriage Act” published in The Indian Express on 4th Dec 2021.