Plea in Kerala HC seeks recognition for same-sex marriages
› The petitioners suffered public humiliation after they made a disclosure of their love for each other.
THE PETITION
NEWDELHI: The Kerala high court asked the Centre and state government on Monday to respond to a petition demanding recognition of same-sex marriages on the grounds that it amounted to discrimination and a violation of fundamental rights guaranteed under the Constitution.
If the writ petition is successful, it would the first time in India that a same-sex marriage is officially recognised. The next date of hearing in the court of justice Anu Sivaraman is in two weeks.
After the Supreme Court read down Section 377 of the Indian Penal Code in September 2018, same-sex relationships are legal but civil rights such as marriage, inheritance or adoption, are not guaranteed to the Lesbian, Gay, Bisexual and Transgender (LGBT) community.
The writ petition argued that some provisions of the 1954 Special Marriage Act barred the July 2018 marriage between 35-year-old Nikesh Pushkaran and 31-year-old Sonu MS from being officially recognised, and asked the court to strike them down.
The petition argued that lack of recognition of the marriage violated their fundamental rights to equality, equal protection before the law, life and liberty and nondiscrimination. “The petitioners suffered public humiliation after they made a disclosure of their love for each other...,” read the petition.
Nikesh, a businessman and Sonu, an IT professional, both residents of Kochi, met in 2018. Their relationship hit the headlines later that year after a social media post by Nikesh declaring their love went viral in Kerala. On July 5, 2018 they got “married” in a secretive ceremony outside the Guruvayoor temple in Kerala.
The same month, they tried to register their marriage under the Special Marriage Act – under which people of different faiths, and Indians living abroad can marry – but were rejected. The couple faced problems opening a joint bank account, in filling government papers or in taking out an insurance policy.
“Everywhere we went, people laughed at us when we said we are married. They called us friends, and friends cannot open a joint bank account,” said Nikesh. “By our petition, we hope no gay couple ever has to go through this.”
Manu Srinath, their lawyer, explained that while the Special Marriage Act doesn’t outright bar same-sex marriages, but provisions and forms under the act segregate by gender and explicitly mention “bride” and “bridegroom”, and “man” and “woman”.