Central Govt opposes same sex marriages in Delhi HC, ‘We have to look at the petition with an open mind’ Court says

Solicitor General Tushar Mehta said that he opposed the petition. He argued that same sex marriages are not recognised by our laws and culture.

A petition was filed in the Delhi High Court seeking recognition for same sex marriages under the Hindu Marriage Act. The petitioners argued that the Act does not bar same sex marriages marriages claiming that it does not specify that marriage ought to be between a man and a woman. The matter was taken up by the Court on Monday.

Solicitor General Tushar Mehta, appearing for the central government, said that he opposed the petition. He argued that homosexual marriages are not recognised by our laws and culture. He said that the Hindu Marriage Act itself does not recognise same sex marriages. As per law, marriage is only between a husband and a wife’, he argued.

The Court responded saying that it has to look at the matter at hand with an open mind and not the position as stated by law saying that changes are happening across the world. SG Tushar Mehta, however, maintained that the petition does not even deserve the filing of an affidavit. The matter concluded with the Court directing the petitioners to place on record all those people who have been affected by the non-registration of such marriages at the next hearing.

The petition has been filed by Abhijit Iyer Mitra, Gopi Shankar M, Giti Thadani and G Oorvasi and it is argued that denial of the Right to Marry is in violation of the Right to Equality and Right to Life as guaranteed by the Indian Constitution.