Delhi HC to take up same-sex marriage pleas

The Delhi High Court on Thursday said that it would hear a batch of petitions demanding recognition of same-sex marriage on May 17, reports legal portal Bar and Bench.

A Division Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla will also decide whether the proceedings in the batch of petitions should be live-streamed or not.

The advocates informed the court on behalf of the petitioners that though the application for livestreaming of the proceedings was moved in November last year, the Central government is yet to file its response. The Centre has been now asked to respond within two weeks to the plea for live streaming.

The court was hearing a batch of petitions filed by several same-sex couples, seeking a declaration recognising their marriages under the special, Hindu and foreign marriage laws.

The Central government had earlier opposed the petitions, stating that in spite of decriminalisation of homosexuality under Section 377 of the Indian Penal Code, there is no fundamental right of same-sex marriage.

It said that seeking a declaration for the solemnisation or registration of marriage has more ramifications than simple legal recognition.

"Family issues are far beyond mere recognition and registration of marriage between persons belonging to the same gender. Living together as partners and having sexual relationship by same sex individuals [which is decriminalised now] is not comparable with the Indian family unit concept of a husband, a wife and children which necessarily presuppose a biological man as a 'husband', a biological woman as a 'wife' and the children born out of the union between the two," it was submitted.