Values don’t recognise same-sex marriage: Govt

The Centre on Monday told the Delhi High Court that marriage between same sex couples was “not permissible” as it is not recognised by “our laws, legal system, society, and our values”.

The submission was made before a Bench of Chief Justice D N Patel and Justice Prateek Jalan by Solicitor General Tushar Mehta during hearing of a PIL seeking a declaration that same sex marriages be recognised under the Hindu Marriage Act (HMA) and Special Marriage Act. Mehta opposed the relief sought in the petition saying

“our laws, our legal system, our society, and our values do not recognise a marriage, which is a sacrament, between same sex couples”.

He said the plea to grant recognition to or permit registration of such marriages was “not permissible” for two reasons — firstly, the petition was asking the court to legislate and, secondly, any relief granted “would run contrary to various statutory provisions”.

"Unless court does violence to various laws, this cannot be done," he added. Mehta also said that under the HMA, the various provisions

Solicitor General of India Tushar Mehta submitted that the judgment of the constitutional Bench of the SC “merely decriminalises homosexuality or lesbians. Nothing more, nothing less”

regulating marriages or prohibited relationships talk of husband and wife and therefore, who would be assigned these roles where a same sex couple was concerned.

The Bench observed that the world over things were changing, but it may or may not be applicable to India.

It, however, questioned the need for a PIL in the instant case, saying the people who claim to be affected are well educated and can themselves approach the court.