Newsbytes
  • India
  • Business
  • World
  • Politics
  • Sports
  • Technology
  • Entertainment
  • Auto
  • Lifestyle
  • Inspirational
  • Career
  • Bengaluru
  • Delhi
  • Mumbai
  • Videos
  • Visual Stories
  • Reviews
  • Phone Reviews
  • Fitness Bands Reviews
  • Speakers Reviews
  • Find Cricket Statistics
Hindi
More
In the news
Supreme Court Of India
2002 Gujarat Riots
Enforcement Directorate (ED)
Maharashtra Government
University Grants Commission
Alt News
Newsbytes
Hindi
Newsbytes
User Placeholder

Hi,

Logout


India
Business
World
Politics
Sports
Technology
Entertainment
Auto
Lifestyle
Inspirational
Career
Bengaluru
Delhi
Mumbai
Videos
Visual Stories
Reviews
Phone Reviews
Fitness Bands Reviews
Speakers Reviews
Find Cricket Statistics

More Links
  • Videos

Download Android App

Follow us on
  • Facebook
  • Twitter
  • Linkedin
  • Youtube
 
Home / News / India News / Delhi HC seeks Centre's response on same-sex marriages
India

Delhi HC seeks Centre's response on same-sex marriages

Delhi HC seeks Centre's response on same-sex marriages
Written by Shalini Ojha
Oct 14, 2020, 08:44 pm 3 min read
Delhi HC seeks Centre's response on same-sex marriages

In what qualifies as a progressive statement, the Delhi High Court on Wednesday, while hearing petitions of two same-sex couples regarding the legal recognition of their marriages, said laws are gender-neutral. The litigation, the court said, was not adversarial in nature. A response from the Centre and Delhi government was sought. The matter will be heard again on January 8, 2021. Here's what happened.

Details
Couples struggled to get marriages registered, approached Delhi HC

The couples approached the court after running into several roadblocks. While the Consulate General of India in New York refused registration of marriage of Vaibhav Jain and his partner Parag Mehta under Foreign Marriage Act, Dr. Kavita Arora and her partner Ankita Khanna couldn't get theirs solemnized under the Special Marriage Act at the South District Magistrate's building in East Delhi.

Argument
Lawyer, who led Article 377 fight, appeared for couples

The couples were represented by senior lawyer Maneka Guruswamy, who played a key role in the historic Article 377 verdict of 2018. Guruswamy pointed toward multiple Supreme Court verdicts, that spoke about respecting the privacy of same-sex couples. Sexual orientation can't be a ground for discrimination, she said, adding, on behalf of petitioners, "We would like to be recognized as full human beings."

Discrimination
Lawyer provided evidence about the discrimination the couples faced

Guruswamy apprised the court that Dr. Arora and Khanna were not even given entry into the building. "Only their lawyer was told that since they were a same-sex couple, they could not marry," she said. About Jain and Mehta, she told the Consulate admitted their marriage was not being registered due to their sexual orientation. The present laws forbade the same, they were told.

Woes
Among other problems, women struggled to open joint bank account

Further, it was argued that the two women were unable to do many things, like opening a joint bank account, owning a house, or getting a family insured, due to the problems associated with their marriage registration. Such things come easy to heterosexual couples, they highlighted. "Marriage is also a bundle of rights. Without marriage, the petitioners are strangers in law," their plea read.

Details
Court was told it has protected several couples in past

The celebrated lawyer said she is following the trail of dozens of couples, shunned for marrying outside their caste or faith, whom the court protected. "I'm seeking the same protection...Multiple judges have said that sexual orientation cannot be grounds for discrimination," she said. She also underlined that the Special Marriage Act merely defines "who cannot marry." "This is what the statute conceives," she went on.

Observation
"No doubts as to maintainability of the petitions"

The division bench of Justices Rajiv Sahai Endlaw and Asha Menon heard the pleas and cast no doubt on the maintainability. However, Justice Endlaw said "marriage" hasn't been statutorily defined in Indian law. "Because there was no inter-faith marriage, we came up with a special statute. If any corrective measures are to be taken, it should be taken at this stage," he reportedly said.

Statement
Situation unheard of in 5,000 years of 'Sanatan Dharma': Centre

Meanwhile, Centre's representative, advocate Rajkumar Yadav said the situation was unseen in 5,000 years of Sanatan Dharma. On this, Justice Menon replied, "We may shed our inhibition. The laws are gender-neutral. Please try to interpret the law for the citizens of Sanatan Dharma in the country. This is not adversarial litigation. This is for the right of every citizen of the country."

Share this timeline
Facebook
Whatsapp
Twitter
Linkedin
Shalini Ojha
Shalini Ojha
Twitter
A mathematics graduate, I handle the national desk. Always looking for items to read, I started off as an entertainment beat writer and made the switch three years into my career. My talents include breaking news and being on top of trending topics.
Latest
Supreme Court Of India
Delhi High Court
Delhi Government
Section 377
East Delhi Municipal Corporation
Latest
2022 Wimbledon: Novak Djokovic defeats Tim van Rijthoven
2022 Wimbledon: Novak Djokovic defeats Tim van Rijthoven Sports
What to watch in July? 7 upcoming titles hitting OTT
What to watch in July? 7 upcoming titles hitting OTT Entertainment
2022 Wimbledon: Ons Jabeur reaches quarter-finals after beating Elise Mertens
2022 Wimbledon: Ons Jabeur reaches quarter-finals after beating Elise Mertens Sports
Samsung rolls out July Android security update for Galaxy A32
Samsung rolls out July Android security update for Galaxy A32 Technology
5 martial art forms to lose weight
5 martial art forms to lose weight Lifestyle
Supreme Court Of India
Teesta Setalvad, Sreekumar sent to 14-day judicial custody
Teesta Setalvad, Sreekumar sent to 14-day judicial custody India
Good news! Centre to promote 8,089 employees, considers reservation provisions
Good news! Centre to promote 8,089 employees, considers reservation provisions India
Thackeray to SC: Restrict rebel MLAs from participating in assembly
Thackeray to SC: Restrict rebel MLAs from participating in assembly Politics
Sharma is single-handedly responsible for what's happening in India: SC
Sharma is single-handedly responsible for what's happening in India: SC India
Maharashtra: BJP upbeat about forming government with Fadnavis as CM
Maharashtra: BJP upbeat about forming government with Fadnavis as CM Politics
More News
Delhi High Court
Who is Mohammed Zubair, journalist arrested for hurting religious sentiments?
Who is Mohammed Zubair, journalist arrested for hurting religious sentiments? India
Marital rape: Delhi High Court delivers split verdict
Marital rape: Delhi High Court delivers split verdict India
Know why Ranveer Singh-led 'Jayeshbhai Jordaar' is in legal trouble
Know why Ranveer Singh-led 'Jayeshbhai Jordaar' is in legal trouble Entertainment
Uphaar Cinema fire case: Ansal brothers' jail term to continue
Uphaar Cinema fire case: Ansal brothers' jail term to continue India
Delhi HC brings back focus on India's marital rape exception
Delhi HC brings back focus on India's marital rape exception India
More News
Delhi Government
Delhi government makes PUC certificate mandatory, automatic challans at home
Delhi government makes PUC certificate mandatory, automatic challans at home India
Kolkata: Start-up to deliver liquor in 10 minutes at doorstep
Kolkata: Start-up to deliver liquor in 10 minutes at doorstep Business
ED arrests Delhi minister Satyendar Jain in money laundering case
ED arrests Delhi minister Satyendar Jain in money laundering case India
Delhi govt to launch 'Film Policy' with single-window clearance
Delhi govt to launch 'Film Policy' with single-window clearance Delhi
Delhi violence: I&B Ministry pulls up TV channels over coverage
Delhi violence: I&B Ministry pulls up TV channels over coverage India
More News
Section 377
Kissing, fondling minor boy not unnatural offence: Bombay High Court
Kissing, fondling minor boy not unnatural offence: Bombay High Court India
Navi Mumbai man gangraped by five; penetrated with coconut shells
Navi Mumbai man gangraped by five; penetrated with coconut shells India
Uttar Pradesh: Same-sex marriage of cousin girls shocks Varanasi
Uttar Pradesh: Same-sex marriage of cousin girls shocks Varanasi India
Starring Ayushmann Khurrana, 'Shubh Mangal Zyada Saavdhan' features gay romance
Starring Ayushmann Khurrana, 'Shubh Mangal Zyada Saavdhan' features gay romance Entertainment
Youngsters compile 'The Pink List,' names LGBTQ-friendly Lok Sabha candidates
Youngsters compile 'The Pink List,' names LGBTQ-friendly Lok Sabha candidates India
More News
East Delhi Municipal Corporation
Massage centers to not provide services behind locked doors: EDMC
Massage centers to not provide services behind locked doors: EDMC Delhi
Public places can't be occupied indefinitely: SC on Shaheen Bagh
Public places can't be occupied indefinitely: SC on Shaheen Bagh India
Delhi: Areas under three civic bodies among filthiest in India
Delhi: Areas under three civic bodies among filthiest in India India
'Special corona fee' makes liquor 70% costlier in Delhi
'Special corona fee' makes liquor 70% costlier in Delhi India
All six metros of India deemed as coronavirus red zones
All six metros of India deemed as coronavirus red zones India
More News
Next News Article
Next News Article

Love India news?

Subscribe to stay updated.

India Thumbnail
India News Business News World News Politics News Sports News Technology News Entertainment News Auto News Lifestyle News Inspirational News
Career News Bengaluru News Delhi News Mumbai News Mukesh Ambani Indian Premier League (IPL) Karnataka Samsung Xiaomi West Bengal
Bihar Virat Kohli Rohit Sharma Haryana Narendra Modi Arvind Kejriwal Tamil Nadu Gujarat Yogi Adityanath YouTube
Instagram Hollywood News Uttar Pradesh Kerala Netflix Bollywood News Mamata Banerjee Maruti Suzuki Rahul Gandhi Elon Musk
Shah Rukh Khan Chelsea FC OPPO Akhilesh Yadav Indian Cricket Team Apple Manchester United Salman Khan Cryptocurrency OnePlus
Amitabh Bachchan ICC Women's World Cup Vivo India vs Sri Lanka
About Us Privacy Policy Terms & Conditions Contact Us Ethical Conduct Grievance Redressal News News Archive Topics Archive IPL 2022 Schedule IPL 2022 Points Table Find Cricket Statistics
Follow us on
Facebook Twitter Linkedin Youtube
All rights reserved © NewsBytes 2022