New Delhi: Delhi High Court (HC) stated that the Centre reiterated opposition to gay marriages in India. Centre on Monday told HC, marriage can be recognized between "only a biological man and a biological woman" under Indian law.
Solicitor General Tushar Mehta listed before a bench of Chief Justice DN Patel and Justice Jyoti Singh, "As the law stands … personal law has been settled, and marriage. Which is supposed to be between a biological man and a biological woman." Opposing the appeal asking identification/registration of same-sex marriage.
Mehta repeated the government's earlier point in an affidavit that "husband" implies husband or wife. And "marriage" is a term linked with heterosexual pair.
"The dilemma here is whether a marriage between gay couples is legal. Your masters have to understand that. There are some misunderstandings regarding the Navtej Singh Johar case. It solely convicts consensual gay law. It doesn't talk about marriage," Mehta continued. There is no requirement for the Center to register any particular reply concerning citizenship law, which has likewise been called for by certain petitioners.
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The bench further held hearings on account of the petitioners. Advocate Karuna Nandi, appearing for one of the couples, stated they were married in New York. The implemented laws are the Citizenship Act, the Foreign Marriage Act (FMA), and the Special Marriage Act.
He remarked that the Center has not yet responded to his client's claim. The claim highlights how the citizenship law was quiet on the wife's gender and sexuality.
Senior lawyer Sourav Kirpal, representing different petitioners, stated the Supreme Court's ruling on homosexuality did not explicitly permit same-sex marriage. However, an explanation of constitutional law was required, and the verdict favored acknowledging it.
The High Court has scheduled for a final hearing all the appeals involving two same-sex couples attempting to recognize their reunion under the Special, Hindu, and Foreign Marriage Act. This listing provides teams to answer and post the matter for November 30th.
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